Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
M/S. SARK SPICE PRODUCTS PVT. LTD. – Appellant
Versus
SOUTH INDIAN BANK – Respondent
| Table of Content |
|---|
| 1. npa classification and recovery procedures. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. msme protections and recovery process. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. writ petition maintainability and res judicata. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 4. rbi's role and obligations regarding msmes. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 5. judicial discretion and abuse of process. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. res judicata and legal finality. (Para 34 , 35 , 36 , 37 , 38 , 39) |
| 7. delayed invocation of msme status. (Para 40 , 41 , 42 , 43 , 44) |
| 8. court's dismissal of writ petitions. (Para 45 , 46 , 47 , 48 , 49) |
JUDGMENT
In W.P.(C) No. 42050 of 2024, the petitioners, comprising a private limited company and its Managing Director, had availed multiple credit facilities from the respondent Bank, including working capital and term loans aggregating over Rs. 10 crores, secured by mortgage of immovable properties. Upon default, the loan account was classified as a Non- Performing Asset (NPA) with effect from 20.10.2020. Recovery proceedings were initiated under the SARFAESI Act , including issuance of notice under Section 13(2), followed by filing of an application before the
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
