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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
M/S. M.D. Esthappan Infrastructure Pvt. Ltd. – Appellant
Versus
Reserve Bank of India – Respondent
| Table of Content |
|---|
| 1. violation of msmed statutory framework by npa classification. (Para 1 , 2) |
| 2. repetition of previous claims constitutes abuse of judicial process. (Para 3 , 4) |
| 3. finality in judicial decisions prevents re-agitation of resolved issues. (Para 5 , 6 , 8 , 9) |
| 4. res judicata applies to previous proceedings. (Para 7) |
| 5. res judicata principles affirm the integrity of court decisions. (Para 10) |
| 6. writ dismissed due to lack of merit and repeated claims. (Para 11 , 12) |
JUDGMENT
This writ petition is filed by M/s. M.D.Esthappan Infrastructure Pvt. Ltd and M.D. Esthappan contending that they are a duly registered Micro, Small and Medium Enterprise (hereinafter MSME) under the Micro Small Medium Enterprises Development Act , 2006 (hereinafter MSMED Act), and hence entitled to the protection of the revival and rehabilitation framework notified by the Central Government through Notification dated 29.05.2015. They submit that the said framework, having statutory force, obliges all banks and financial institutions to refer stressed MSME accounts to a Committee for corrective measures— rectification, restructuring, and only thereafter recovery.
2. It is contended that the respondent
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