The Kerala High Court permitted the petitioner company to withdraw its writ petition. The court clarified that the company is free to raise all possible legal pleas before the Debt Recovery Tribunal regarding the matter.
Permitted withdrawal of the writ petition with leave to raise pleas before the Debt Recovery Tribunal.
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
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940
WP(C).No. 6464 of 2018
PETITIONER(S)
RESPONDENT(S):
1. THE STATE BANK OF INDIA REPRESENTED BY THE BRANCH MANAGER, COMMERCIAL BRANCH, 'SREE GANESH KRIPA', JAS HOTEL ROAD, THYCAUD, THIRUVANANTHAPURAM.695 014,
2. THE UNION OF INDIA REPRESENTED BY THE BRANCH MANAGER, CHALAI BAZAR BRANCH, JALAL BUILDING, CHALAI, THIRUVANANTHAPURAM.695 036.
3. THE DHANLAXMI BANK LIMITED REPRESENTED BY THE BRANCH MANAGER, FORT BRANCH, KARMPANAL ARCADE, EAST FORT, THIRUVANANTHAPURAM.695 023.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6464 of 2018 (G)
| PETITIONER(S)' | EXHIBITS |
|---|---|
| EXHIBIT P1 |
TRUE COPY OF THE 'OPERATIONS SERVICE AGREEMENT' WITH STARWOOD HOTELS AND RESORTS PTE LTD., SINGPORE, DATED 14.12.2012. |
| EXHIBIT P2 |
TRUE COPY OF THE MINUTES OF JOINT LENDERS MEETING HELD ON 22.10.2013. |
| EXHIBIT P3 |
TRUE COPY OF THE TECHNO ECONOMIC VIABILITY STUDY CONDUCTED BY M/S.DUN AND BRADSTREET DATED 23.12.2016. |
| EXHIBIT P4 |
TRUE COPY OF THE SANCTION LETTER ISSUED BY SBT ON 29.03.2017. |
| EXHIBIT P5 |
TRUE COPY OF THE MINUTES OF THE JLF MEETING HELD ON 27.09.2017. |
| EXHIBIT P6 | TRUE COPY OF THE LEGAL NOTICE DATED 23.01.2017. |
| EXHIBIT P7 |
TRUE COPY OF THE REPLY DATED 30.10.2017 TO EXT.P6 LEGAL NOTICE. |
| EXHIBIT P8 |
TRUE COPY OF THE NOTICE DATED 16.11.2017 ISSUED BY SBI THROUGH THEIR ADVOCATE. |
| EXHIBIT P9 |
TRUE COPY OF THE LETTER DATED 08.12.2017 RECEIVED FROM SBI. |
| EXHIBIT P10 |
TRUE COPY OF THE REPLY DATED 12.12.2017 SENT IN REPLY TO EXT.P8. |
| EXHIBIT P11 |
TRUE COPY OF THE COMMITMENT LETTER DATED 26.12.2017 FROM M/S.ARAVINDRUD CAPITAL. |
| EXHIBIT P12 |
TRUE COPY OF THE LETTER DATED 28.12.2017 FROM THE 1ST PETITIONER ADDRESSED TO THE CHIEF GENERAL MANAGER, SBI, POOJAPPURA, THIRUVANANTHAPURAM. |
| EXHIBIT P13 |
TRUE COPY OF THE NOTICE DATED 29.12.2017, WHICH WAS RECEIVED BY THE 1ST PETITIONER ON 03.01.2018, ISSUED UNDER SECTION 13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT (SARFAESI). |
| RESPONDENT(S)' | EXHIBITS |
| EXHIBIT R3(A): |
TRUE COPY OF CIRCULAR NO.RD/01/2018-19 DATED 20 APRIL, 2018 OF 3RD RESPONDENT. |
// True copy //
PA to Judge
das
DAMA SESHADRI NAIDU, J.
W.P.(C). No. 6464 of 2018 (G)
Dated this the 5th day of July, 2018
JUDGMENT
The learned counsel for the petitioner seeks to withdraw the writ petition with leave to raise all possible pleas before the Debt Recovery Tribunal. He has also informed that the Company has already filed an appeal before the Tribunal
Sd/-
DAMA SESHADRI NAIDU JUDGE
das 05.07.2018
Green Gateway Leisure Ltd
Mr. E.M.Najeeb
The State Bank of India
The Union of India
Dhanlaxmi Bank Limited
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
