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2024 Supreme(Online)(KER) 17921
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 14289 OF 2016 PETITIONERS:
1 THE DEWA INVESTORS ASSOCIATES, 28/475, KOONAMTHAI, EDAPPALLY P.O., ERNAKULAM,PIN-682 024, REPRESENTED BY ITS PRESIDENT, PRINCE JOSEPH, RESIDING AT 17D, EXPRESS ESTATE, KALOOR P.O., ERNAKULAM-682 017. 2 JACOB XAVIER, SECRETARY, THE DEWA INVESTORS ASSOCIATION
28/475, KOONAMTHAI, EDAPPALLY P.O., ERNAKULAM,PIN-682 024, RESIDING AT KAYYALAKAKATH, PALA P.O., KOTTAYAM-686 575.
BY ADVS.
SRI.ARUN THOMAS SRI.ALPHIN ANTONY SRI.JENNIS STEPHEN SRI.PEEYUS A.KOTTAM SRI.SANTHOSH MATHEW SRI.VIJAY V. PAUL RESPONDENTS:
1 M/S. DEWA PROJECTS PRIVATE LIMITED, REGISTERED OFFICE AT S.S.KOVIL ROAD, THAMPANOOR P.O., VANCHIYOOR, THIRUVANANTHAPURAM.
2 HOTEL VENUS INTERNATIONAL, S.S.KOVIL ROAD, THAMPANOOR P.O., VANCHIYOOR, THIRUVANANTHAPURAM.
3 K.VENUGOPALAN NAIR, TC 6/139, CHAITHRAN, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695009
4 M/S.ANSU ENTERPIRSES, SREE NAGAR, NO.14 XLI/1620, MANACAUD P.O., THIRUVANANTHAPURAM-695009
5 M/S.ANSU ENTERPRISES PRIVATE LIMITED, B-60-63, PIPDC INDUSTRIAL ESTATE, METTUPPALAYAM, PUDUCHERRY-605 009, PONDICHERRY.
6 UNION BANK OF INDIA, UNION BANK BHAVAN, 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI-400 021, MAHARASTRA, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
7 ANDHRA BANK, DR.PATTABHI BHAVAN, 5/9/11, SAIFABAD, HYDERABAD-500 004, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
8 ORIENTAL BANK OF COMMERCE, PLOT NO.5, INSTITUTIONAL AREA, SECTOR-32, GURGAON-122 001, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
9 INDIAN OVERSEAS BANK, 763, ANNA SALAI, CHENNAI-600 002, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
10 CORPORATION BANK, HEAD OFFICE, PANDESHWAR, MANGALORE-575 001, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
11 PUNJAB NATIONAL BANK, 7, PNB HOUSE, BHIKAJI CAMA PALACE, BEHIND EIL DELHI-110 066, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
12 ALLAHABAD BANK, ALLAHABAD BANK HEAD OFFICE, 2, N.S.ROAD, KOLKATA-700 001, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
13 DENA CORPORTE CENTRE, C-10, GBLOCK, BANDRA-KURLA COMPLEX, BANDRA (E), MUMBAI-400 051, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
14 SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA, SIDBI, MSME DEVELOPMENT CNETRE, PLOT NO.C-11, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400 051, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
15 MS.EDELVEISS ASSET RECONSTRUCTION COMPANY LTD., (EARC), EDELWEISS HOSE, OFF CST ROAD, KALIAN MUMBAI, PIN-400 098, REPRESENTED BY ITS AUTHORISED / CHAIRMAN.
16 ASSET RECONSTRUCTION COMPANY LTD ARCL THE RUBY, 10TH FLOOR, 29, SENAPATI BAPAL MARG, DADAR (WEST), MUMBAI-400 032, REPRESENTED BY ITS AUTHORISED SIGNAORY/CHAIRMAN.
17 THE FEDERAL BANK LTD., CORPORATE OFFICE, ALUVA, KERALA, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
18 VIJAYA BANK, KAMADHENU COMPLEX, OPP.AMBAWADI, AHMEDABAD-380 015, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
19 INDIAN BANK CORPORATE OFFICE, PB NO.5555, 254-260, AVVAI SHANMUGHAM SALAI, ROYAPETTAH, CHENNAI-600 014, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
20 CENTRAL BANK OF INDIA, CHANDER MUKHI, NARIMAN POINT, MUMBAI-400 021, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.
21 THE REGIONAL DIRECTOR, RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM.
22 THE GENERAL MANAGER, DEPARTMENT OF BANKING SUPERVISION, RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM.-695 033.
23 CENTRAL VIGILANCE COMMISSION, SATARKATA BHAVAN, A-BLOCK, GPO COMPLEX, INA, NEW DELHI-110 023.
24 CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS SUPERINTENDENT OF POLICE, KATHRIKKADAVU, KOCHI-682 017.
BY ADVS.
SRI.SANTHEEP ANKARATH, SC, PUNJAB NATIONAL BANK SRI.ABRAHAM MATHEW VETTOOR SRI.V.A.AJAI KUMAR SRI.ANIL ABEY JOSE SRI.GEORGE CHERIAN SR.
SMT.LATHA SUSAN CHERIAN SRI.LIJO JOSEPH SRI.MOHAN JACOB GEORGE SRI.MILLU DANDAPANI SRI.NIDHI SAM JOHNS SMT.NIGI GEORGE SMT.P.V.PARVATHY P-41 SRI.K.P.RAMACHANDRAN SMT.REENA THOMAS SRI.R.SUDHIR SRI.S.SASTHA MANGALA AJITH KUMAR SRI.SUNIL SHANKER SMT.K.S.SANTHI SRI.A.V.THOMAS (SR.)
SRI.SREELAL WARRIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, ALONG WITH WP(C).39804/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 2298 OF 2017 PETITIONER:
LISSY LEKSHMI, 4B, ARIHANTVEDANT, 42, MELONY ROAD, T NAGAR, CHENNAI 17.
BY ADVS.
SRI.SAIBY JOSE KIDANGOOR SRI.BENNY ANTONY PAREL SRI.MATHEWS RAJU SRI.P.M.MOHAMMED SALIH SMT.S.SIBHA RESPONDENTS:
1 M/S. DEWA PROJECTS PRIVATE LIMITED, REGISTERED OFFICE AT S.S. KOVIL ROAD, THAMPANOOR P.C., VANCHIYOOR, THIRUVANANTHAPURAM-69501.
2 HOTEL VENUS INTERNATIONAL, S.S.KOVIL ROAD, THAMPANOOR P.O., VANCHIYOOR, THIRUVANANTHAPURAM.
3 K.VENUGOPALAN NAIR, T.C.6/139, 'CHAITHRAM' VATTIYOORKAVU P.O., THRIUVANANTHAPURAM - 695009
4 M/S. ANSU ENTERPRISES PRIVATE LIMITED, B-60-63 PIPDC INDUSTRIAL ESTATE, METTUPPALAYAM, PONDICHERY – 605009, PONDICHERY
5 UNION BANK OF INDIA, UNION BANK BHAVAN, 239, VIDHANBHAVAN MARG, NARIMAN POINT, MUMBAI - 400021, MAHARASHTRA, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
6 ANDHRA BANK, DR.PATTABHIBHAVAN 5-9-11, SAIFABAD, HYDERABAD - 500004, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
7 ORIENTAL BANK OF COMMERCE, PLOT NO.5, INSTITUTIONAL AREA, SECTOR - 32, GURGAON - 122001, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
8 INDIAN OVERSEAS BANK, 763, ANNA SALAI, CHENNAI - 600002, REPRESENTEED BY ITS CHARIMAN/MANAGING DIRECTOR
9 CORPORATION BANK, HEAD OFFICE, PANDESHWAR, MANGALORE-575001 REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
10 PUNJAB NATIONAL BANK, 7,PNB HOUSE, BHIKAJICAMA PLACE, BEHIND EIL, DELHI-110066 REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
11 ALLAHABAD BANK, ALLAHABAD BANK HEAD OFFICE 2, N.S.ROAD, KOLKATTA - 700001 REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
12 DENA CORPORATE CENTRE, C-10, G BLOCK, BANDRA - 5KURLA COMPLEX, BHANDRA (E), MUMBAI - 400051 REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
13 SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA (SIDBI), MSME DEVELOPMENT CENTRE, PLOT NO.C-11 'G'BLOCK, BANDRAKURLA COMPLEX, BANDRA(E), MUMBAI - 400051 REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
14 M/S. EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED (EARC), EDELWEISS HOUSE, OFF CST ROAD, KALINA MUMBAIN, PIN - 400098 REPRESENTED BY ITS AUTHORIZED SIGNATORY, CHAIRMAN
15 ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED (ARCIL)
THE RUBY, 10TH FLOOR, 29, SENAPATI BAPAL MARG, DADAR (WEST), MUMBAI, PIN - 400032 REPRESENTED BY ITS AUTHORIZED SIGNATORY, CHAIRMAN
16 THE FEDERAL BANK LTD., CORPORATE OFFICE, ALUVA, KERALA-683101 REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
17 VIJAYA BANK, KAMADHENU COMPLEX, OPP: AMBAWADI, AHMEDABAD - 380015 REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
18 INDIAN BANK CORPORATE OFFICE, P.B.NO.5555,254-260, AVVAI SHANMUGHAM SALAI, ROYAPETTAH, CHENNAI - 600014 REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
19 CENTRAL BANK OF INDIA, CHANDERMUKHI, NARIMAN POINT, MUMBAI - 400021 REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
20 THE REGIONAL DIRECTOR, RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM-695001 21 THE GEENRAL MANGER, DEPARTMENT OF BANKING SUPERVISION, RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM - 695033
22 CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS SUPERINTENDENT OF POLICE, KATHRIKKADAVU, KOCHI-682017 BY ADVS.
SRI.MOHAN PULICKAL SRI.SUNIL SHANKAR, SC SRI.SANTHEEP ANKARATH SRI.ROJO JOSEPH THURUTHIPARA, SC, DENA BANK SRI.A.B.MOHANAKUMAR SRI.LIJO JOSEPH SRI.NIDHI SAM JOHNS SRI.S.EASWARAN, SC, INDIAN BANK SRI.A.V.THOMAS (SR.)
SRI.SREELAL WARRIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, ALONG WITH WP(C).39804/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 36086 OF 2023 PETITIONER:
LEENA SASHIKUMAR, AGED 51 YEARS, W/O SASHI KUMAR, RESIDING AND HAVING PERMANENT ADDRESS AS FLAT
5C, 5TH FLOOR, ALLIANCE RESIDENCY, MARINE DRIVE, KOCHI 682031. PRESENTLY RESIDING AT 231C, KILPAUK GARDEN ROAD, KILPAUK, CHENNAI, PIN – 600010 BY ADVS.
PRAVEEN K. JOY M.P.UNNIKRISHNAN T.A.JOY FATHIMA SHALU S.
ABISHA.E.R DEEPU RAJAGOPAL ANUPAMA NAIR E.S.SANEEJ ARDRA ANIL N.ABHILASH ADITHYA LAL ALBIN VARGHESE RESPONDENTS:
1 AUTHORIZED OFFICER, UNION BANK OF INDIA, ERNAKULAM MAIN BRANCH, UNION BANK BHAVAN, M.G ROAD, ERNAKULAM, PIN - 682035
2 THE ASSISTANT GENERAL MANAGER, UNION BANK OF INDIA CONSORTIUM, UNION BANK OF INDIA, ERNAKULAM MAIN BRANCH, UNION BANK BHAVAN, M.G. ROAD, ERNAKULAM, PIN – 682035 BY ADVS.
NIDHI SAM JOHN LIJO JOSEPH (THOPPIL)(K/000537/2013)
A.KEVIN THOMAS(K/639/2014)
CELIA SANTHOSH(K/1297/2020)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, ALONG WITH WP(C).39804/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 39804 OF 2023 PETITIONERS:
1 AUTHORISED OFFICER AND CHIEF MANAGER, (FORMERLY ASSISTANT GENERAL MANAGER), UNION BANK OF INDIA CONSORTIUM, UNION BANK OF INDIA, ASSET RECOVERY BRANCH, (FORMERLY ERNAKULAM MAIN BRANCH), UNION BANK BHAVAN, M.G.ROAD, ERNAKULAM, PIN - 682035
2 UNION BANK OF INDIA, ASSET RECOVERY BRANCH, (FORMERLY ERNAKULAM MAIN BRANCH), UNION BANK BHAVAN, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER, PIN – 682035 BY ADVS.
NIDHI SAM JOHN LIJO JOSEPH (THOPPIL)
A.KEVIN THOMAS CELIA SANTHOSH A.V.THOMAS (SR.)(T-49)
RESPONDENTS:
1 KERALA REAL ESTATE REGULATORY AUTHORITY, TC NO. 14, 6TH FLOOR, TRINITY CENTRE, KESAVADASAPURAM JUNCTION, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
2 DEWA INVESTORS ASSOCIATION, 28/475, KOONAMTHAI, EDAPPALLY (P.O), ERNAKULAM, PIN - 682024 REPRESENTED BY ITS PRESIDENT PRINCE JOSEPH, RESIDING AT 17D, EXPRESS ESTATE, KALOOR (P.O), ERNAKULAM, PIN - 682017
3 JACOB XAVIER, SECRETARY, DEWA INVESTORS ASSOCIATION, 28/475, KOONAMTHAI, EDAPPALLY (P.O), ERNAKULAM, PIN - 682024 RESIDING AT KYYALAKAKATH, PALA (P.O), KOTTAYAM, PIN - 686575
4 RITA VENUGOPAL, SRILEKSHMI, OPP CHITRANJALI THEATRE, CHERTHALA (P.O), ALAPPUZHA, PIN - 688524
5 K.S. VENUGOPAL SRILEKSHMI, OPP CHITRANJALI THEATRE, CHERTHALA (P.O), ALAPPUZHA, PIN - 688524
6 DEWA PROJECTS PVT. LTD., TC NO. 25/1497, S.S KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001, REPRESENTED BY ITS LIQUIDATOR VINOD PADINHARE VEETTIL, HAVING ADDRESS AT 66-1058, FIRST FLOOR, VEEKSHANAM ROAD, ERNAKULAM NORTH, PIN - 682018
7 ANSU ENTERPRISES PVT. LTD., (FORMERLY M/S. ANSU ENTERPRISES) NO. 14, SREENAGAR, MANACAUD (P.O), THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695009
8 RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL MANAGER, PIN - 695033 BY ADVS.
VIJAY V. PAUL SHIYAS K.R SUJIN S MILLU DANDAPANI NITA.N.S.(K/353/2003)
SHILPA SOMAN(K/1400/2021)
SAMAH ABDUL MAJID(K/1557/2023) ANGELA ELSA JOHN(AP/1141/2023)
WAFA MARIYAM(K/1809/2023)
P.P.FAISAL(K/1340/1998)
D.REETHA(K/1069/2003)
SRI.M.RAMESH CHANDER,SC, CANTONMENT BOARD(SC-980)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, ALONG WITH WP(C).2298/2017, 14289/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 39936 OF 2023 PETITIONER:
M/S ANSU ENTERPRISES PVT LTD., (FORMERLY M/S ANSU ENTERPRISES), NO 14, SREENAGAR, MANACAUD P O, THIRUVANANTHAPURAM-695009, REPRESENTED BY ITS MANAGING DIRECTOR, K VENUGOPALAN NAIR, AGE 66, S/O KRISHNAPILLAI, CHITHIRAM VEEDU, TC 25/1497, THENGUVILAKAM, SS KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM, KERALA STATE, PIN-695001, NOW RESIDING AT 8D, HEERA BLUE BELLS, NEAR ALTHARA, VELLAYAMBALAM, SASTHAMANGALAM P O, THIRUVANANTHAPURAM, KERALA,PIN – 695010 BY ADV A.B.MOHANAKUMAR RESPONDENTS:
1 ASSET RECOVERY BRANCH OF UNION BANK OF INDIA, SECOND FLOOR, UNION BANK BHAVAN, MG ROAD, COCHI ERNAKULAM DISTRICT, KERALA STATE, REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER FOR UNION BANK OF INDIA CONSORTIUM, PIN - 682035
2 MRS TESSY, MOONGANANIYIL, VAZHAVATTA P.O., MUTTIL SOUTH, WAYANAD DISTRICT, KERALA, PIN – 673122 BY ADVS.
NIDHI SAM JOHN M.N.SASIDHARAN NAIR LIJO JOSEPH (THOPPIL)(K/000537/2013)
A.KEVIN THOMAS(K/639/2014)
CELIA SANTHOSH(K/1297/2020)
A.V.THOMAS (SR.)(T-49)
VANAJA KUMARI P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, ALONG WITH WP(C).39804/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 40397 OF 2023 PETITIONERS:
1 THE DEWA INVESTORS ASSOCIATION, 28/475, KOONAMTHAI, EDAPALLY P.O, ERNAKULAM, PIN - 682024, REP.BY ITS PRESIDENT, MR. PRINCE JOSEPH, RESIDING AT 17D, EXPRESS ESTATE, KALOOR P.O, ERNAKULAM , PIN - 682017
2 MR. JACOB XAVIER, AGED 62 YEARS, SECRETARY, THE DEWA INVESTORS ASSOCIATION, 28/475, KOONAMTHAI, EDAPALLY P.O, ERNAKULAM, PIN - 682024.
RESIDING AT KYYALAKAKATH, PALA P.O, KOTTAYAM, PIN – 686575 BY ADVS.
VIJAY V. PAUL SANTHOSH MATHEW SHILPA SOMAN SAMAH ABDUL MAJID RESPONDENTS:
1 THE ASSISTANT GENERAL MANAGER, & AUTHORIZED OFFICER, UNION BANK OF INDIA CONSORTIUM, UNION BANK OF INDIA, ERNAKULAM MAIN BRANCH, UNION BANK BHAVAN,M.G ROAD, ERNAKULAM, PIN - 682035
2 UNION BANK OF INDIA, 239, VIDHANBHAVAN MARG, NARIMAN POINT, MUMBAI, MAHARASHTRA - REPRESENTED BY ITS GENERAL MANAGER - LEGAL., PIN - 400021
3 DEWA PROJECTS PRIVATE LIMITED, T.C NO. 25/1497, S.S KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001, REPRESENTED BY ITS LIQUIDATOR, MR. VINOD PADINHAREVEETIL, HAVING ADDRESS AT 66-1058, FIRST FLOOR,VEEKSHANAM ROAD, ERNAKULAM NORTH -, PIN - 682018
4 ANSU ENTERPRISES PRIVATE LIMITED, NO. 14, SREENAGAR, MANACAUD, THIRVANATHAPURAM, 695 009, REPRESENTED BY ITS DIRECTOR, PIN - 695009
5 BANK OF BARODA, MG ROAD BRANCH, 1ST FLOOR JOSE ANNEXE, JOSE JUNCTION MG ROAD, ERNAKULAM-, PIN - 682016
6 PUNJAB NATIONAL BANK, SASTRA ERNAKULAM OPP. ST MARYS BASILLICA BROADWAY, ERNAKULAM-, PIN - 682031
7 INDIAN OVERSEAS BANK, SPECIALISED ARM BRANCH, FIRST FLOOR IOB BUILDINGS, NEAR KAVITHA THEATRE M.G ROAD, ERNAKULAM-682035
8 SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA MT PLAZA, KALOOR-KADAVANTHRA ROAD KALOOR, ERNAKULAM-682017
9 EDELWEISS ASSET RECONSTRUCTION COMPANY LTD, 1ST FLOOR, EDELWEISS HOUSE OFF CST ROAD, KALINA SANTAZRUZ EAST, MUMBAI-, PIN - 400098
10 ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED, 10TH FLOOR, THE RUBY 29, SENAPATIBAPAT MARG, DADAR WEST, MUMBAI-, PIN - 400028
11 MR. VINOD PADINHAREVEETIL, LIQUIDATOR OF DEWA PROJECTS PRIVATE LIMITED, HAVING ADDRESS AT 66-1058, FIRST FLOOR,VEEKSHANAM ROAD, ERNAKULAM NORTH -, PIN - 682018 BY ADVS.
NIDHI SAM JOHN SHIYAS K.R SUJIN S SUNIL SHANKAR A SANTHEEP ANKARATH, SC R.REMA, SC LIJO JOSEPH (THOPPIL)(K/000537/2013)
A.KEVIN THOMAS(K/639/2014)
CELIA SANTHOSH(K/1297/2020)
A.V.THOMAS (SR.)(T-49)
VIDYA GANGADHARAN(K/000424/2020)
NITA.N.S.(K/353/2003)
P.P.FAISAL(K/1340/1998)
D.REETHA(K/1069/2003)
SRI.M.RAMESH CHANDER,SC,CANTONMENT BOARD (SC-980)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, ALONG WITH WP(C).39804/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
N. NAGARESH, J.
````````````````````````````````````````````````````````````` W.P.(C) Nos.14289 of 2016, 2298 of 2017 and 36086, 39804, 39936 and 40397 of 2023 `````````````````````````````````````````````````````````````
Dated this the 25th day of March, 2024
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
These writ petitions relate to same set of facts and raise identical issues. They are hence being heard together and disposed of by a common judgment. For convenience, the exhibits and parties are referred to in this judgment as they are arrayed in W.P.(C) No.39804/2023 (unless otherwise specified).
2. The petitioners in W.P.(C) No.39804/2023 are a consortium of Banks and the Union Bank of India. The 5th respondent is promoter of a Real Estate project. The petitioners sanctioned 265.35 Crores to respondents 5 and 6 on 02.08.2005. The loan amount was later enhanced to ₹477 Crores. Ext.P1 agreement provided that the consortium will have first charge over plot No.C5 along with building to be constructed by the borrowers. To secure the loan, a memorandum of deposit of title deed was executed by the borrowers on 30.03.2006. The 5th respondent started the construction works of Apartment project on the land belonging to the 6th respondent in the year 2008. The 5th respondent executed agreements with certain home buyers.
3. When the 5th respondent committed default in maintaining the loan account, the petitioners issued notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, on 02.05.2015. Subsequently, the petitioners moved the Chief Judicial Magistrate's Court and obtained an order under Section 14 of the SARFAESI Act, on 31.10.2015. The recovery proceedings were challenged before this Court filing W.P.(C) Nos.7382/2015 and 33321/2015. The said writ petitions were disposed of as per Ext.P3 judgment dated
02.12.2015 directing to conduct separate valuation of properties and proceed for sale only after making extensive advertisements and ensuring that the best price is received for the properties. This Court found that the order of the Chief Judicial Magistrate under Section 14 does not suffer from any procedural irregularity and has to be sustained. This Court also held that the petitioners would be entitled to take possession of the property. This Court further directed that the Chief Judicial Magistrate's order shall not be enforced with respect to plot No.C5 for the time being.
4. Certain home buyers approached this Court filing W.P.(C) Nos.34521 and 41631 of 2017 alleging that the petitioners are proposing to auction plot No.C5 to recover the loan amount. This Court held that home buyers who have already entered into agreement with the 5th respondent should be protected while the 1st petitioner is taking steps for auctioning the property. This Court directed that the auction notice should also state about the protection enured to the buyers.
5. Ext.P4 judgment in W.P.(C) No.34521/2017 was subjected to challenge by the Bank filing W.A. No.999/2018. A Division Bench of this Court held that while ensuring that the petitioners recover the amounts disbursed by them, it should also be ensured that the rights of the home buyers are safeguarded. The Division Bench clarified that the Bank shall specify in the auction notice the details of the claims made by the home buyers though they are not established. The Division Bench noted that the admitted claim of the home buyers is in the region of ₹33.5 Crores. The writ appeals were disposed of directing the Bank to specifically mention in the auction notice the existence of a claim to the tune of ₹33.5 Crores from the persons who had advanced money for purchasing apartments from the borrowers.
6. The petitioners took physical possession of plot No.C5 on 03.11.2017. In the year 2019, proceedings were initiated against the builders under the Insolvency and Bankruptcy Code. The National Company Law Tribunal appointed interim Insolvency Resolution Professional /
Insolvency Resolution Professional in the year 2019.
7. When the proceedings initiated by the petitioners under the SARFAESI Act and the proceedings under the Insolvency and Bankruptcy Code were pending, the Dewa Investors Association
