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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
M/s.M.D. Esthappan – Appellant
Versus
Dhanalaxmi Bank Ltd. – Respondent
| Table of Content |
|---|
| 1. judicial review of invocation of sarfaesi act. (Para 1 , 2 , 3) |
| 2. reliefs sought under msmed act. (Para 4 , 5 , 6 , 8) |
| 3. can prior claims on msme status be excluded? (Para 9 , 11 , 12 , 32) |
| 4. binding nature of past case law on present litigations. (Para 10 , 14 , 19) |
| 5. enforcement of security interest under sarfaesi act prevails. (Para 20 , 21 , 22) |
1. These writ appeals filed under S.5(i) of the Kerala High Court Act , 1958, arise out of the common judgment dated 11.03.2025 of the learned Single Judge in W.P.(C)Nos.45166 of 2024 and 46514 of 2024. The 1st appellant in W.A.No.481 of 2025, arising out of W.P.(C)No.45166 of 2024, is M/s.M.D. Esthappan, a sole proprietorship concern, and the 2nd appellant M.D. Esthappan is the sole proprietor of the said concern. The 1st appellant in W.A.No.484 of 2025, arising out of W.P.(C)No.46514 of 2024, is M/s.M.D. Esthappan Infrastructure Pvt. Ltd., a company incorporated under the Companies Act, 1956, and the 2nd appellant M.D. Esthappan is the Managing Director of the said company.
2. The appellants in W.A.No.481 of 2025 filed W.P.(C)No. 45166 of 2024 challenging the proceedings initiated by the 3rd respondent Dhanalaxmi Bank
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