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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
M/S. HILLTOP SPICES & EXPORTS – Appellant
Versus
BOARD OF DIRECTORS OF RBL BANK LTD – Respondent
| Table of Content |
|---|
| 1. petitioners invoked article 226 for relief concerning msme obligations. (Para 1) |
| 2. court emphasized necessity for banks to identify stress, legality of proceedings. (Para 2 , 3) |
| 3. writ appeal dismissed as nothing survives after dismissal of the writ petition. (Para 4) |
Anil K. Narendran, J.
The appellants are the petitioners in W.P.(C)No.2045 of
2026, which was one filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following reliefs;
“a) To declare that the notification dated 29.05.2015, in unmistakable terms, declares that the MSME-borrower has no obligation to make an application for resolution of stress and, on the contrary, that banks and financial institutions are duty-bound to identify incipient stress based on the illustrative signs indicated in Annexure-I to the RBI Circular dated 17.03.2016; and further, that in any case where the bank has failed to identify incipient stress, it is duty-bound to classify the account as SMA-1 if the default is more than 31 days and as SMA-2 if the default is more than 61 days, and thereafter shall constitute a Committee and make a reference to that Committee
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