The petitioner withdrew the writ petition with liberty to approach the bank for settlement of the entire issues. The court allowed the withdrawal and granted liberty to approach the bank.
Withdrawal of writ petition with liberty to approach the bank to have a settlement of the entire issues projected by the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 24TH DAY OF OCTOBER 2016/2ND KARTHIKA, 1938
WP(C).No. 16444 of 2016 (E)
PETITIONER:
M/S. SREE VINAYAKA PAPER PRODUCTS, T C 111/991,ALAITTY,THURUTHUMMOOLA, PEYAD, THIRUVANANTHAPURAM 695 573 REP. BY ITS MANAGING PARTNER JAYAKUMAR S.
BY ADVS.SRI.M.P.KRISHNAN NAIR SMT.RAJESWARI KRISHNAN SMT.SEEMA KRISHNAN SRI.C.SIVADAS
RESPONDENT(S):
1. THE AUTHORIZED OFFICER, INDIAN OVERSEAS BANK, ULLOOR BRANCH, THIRUVANANTHAPURAM 695 011.
2. INDIAN OVERSEAS BANK, ULLOOR BRANCH, THIRUVANANTHAPURAM 695 011 REP. BY BY ITS SENIOR MANAGER.
3. THE REGIONAL MANAGER, INDIAN OVERSEAS BANK REGIONAL OFFICE, IOB BUILDING, M.G ROAD, THIRUVANANTHAPURAM 695 001.
4. INDIAN OVERSEAS BANK, REGIONAL OFFICE, IOB BUILDING, M.G ROAD, THIRUVANANTHAPURAM 695 001 REP. BY ITS REGIONAL MANAGER.
BY ADVS SRI.SUNIL SHANKAR, SC SMT.ARCHANA S. KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 16444 of 2016 (E)
APPENDIX
| PETITIONER(S)' | EXHIBITS |
|---|---|
| -------------- | --------- |
| P1 | TRUE COPY OF THE PARTNERSHIP DEED DATED 26-06-2013. |
| P2 |
TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FIRM REGISTERED WITH THE REGISTRAR OF FIRMS. |
| P3 |
TRUE COPY OF THE RE-CONSTITUTED PARTNERSHIP DEED DATED 03-03-2014. |
| P4 |
TRUE COPY OF THE KVAT REGISTRATION CERTIFICATE DATED 23-10-2014. |
| P5 |
TRUE COPY OF THE SALE DEED NO 928/14 OF MALAYINKEEZHU SUB REGISTRY. |
| P6 |
TRUE COPY OF THE LOAN SANCTION ORDER DATED 03-12-2014 OF THE BANK. |
| P7 |
TRUE COPIES OF THE RECEIPTS SHOWING PAYMENT OF INSTALLMENTS TO THE BANK. |
| P8 |
TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF INSTALLMENT ON 31-03-2016. |
| P9 |
TRUE COPY OF THE DEMAND NOTICE DATED02-04-2016 ISSUED UNDER SEC. 13(2) OF THE SARFAESI ACT. |
| P10 | TRUE COPY OF THE LAWYER NOTICE DATED 06-04-2016 |
| P11 |
TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 15-04-2016 TO THE RESPONDENTS. |
| P12 |
TRUE COPIES OF THE ACKNOWLEDGEMENT CARDS RECEIVED BANK FROM THE RESPONDENTS DULY SINGED BY THEM. |
RESPONDENT(S)' ANNEXURES:
R1(A) TRUE COPY OF LETTER OF M/S. IMPEL MACHINES PRIVATE LTD,DATED 22.4.2016. R1(B) TRUE COPY OF LETTER OR RESPONDENT DATED 22.4.2016. R1(C) TRUE COPY OF STATEMENT OF ACCOUNT (CASH CREDIT). R1(D) TRUE COPY OF STATEMENT OF ACCOUNT (TERM LOAN).
/TRUE COPY/
P.A.TO JUDGE
K.V.
A.M. SHAFFIQUE, J.
=============== W.P. (C) No. 16444 of 2016
==================
Dated this, the 24th day of October, 2016
J U D G M E N T
After hearing the matter for quite some time, learned counsel for the petitioner seeks leave to withdraw the writ petition with liberty to approach the Bank to have a settlement of the entire issues projected by them in this regard. If a representation is submitted by the petitioner in that regard, Bank shall consider the same in accordance with the procedure prescribed and the amount, if any, remitted by the petitioner, shall be adjusted towards the dues payable.
Accordingly, the writ petition is dismissed as withdrawn with liberty to approach the Bank to have a settlement of the entire issues projected by them.
Sd/- A.M. SHAFFIQUE, JUDGE
Rp24/10/2016
//True Copy//
P.S to Judge
1 issue framed by the court
Whether the writ petition should be withdrawn with liberty to seek settlement with the bank.
1 provisions across 1 enactments
M/S. SREE VINAYAKA PAPER PRODUCTS
INDIAN OVERSEAS BANK
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
