High Court directed petitioner to file representation before NCGTC regarding grievance. NCGTC to consider it with opportunity of hearing within one month and communicate order.
Petitioner directed to file representation before NCGTC within one week; NCGTC to consider and pass order within one month after hearing.
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 P.V.KUNHIKRISHNAN
FRIDAY, THE 10TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943
WP(C) NO. 15590 OF 2021
PETITIONER:
N.K.PAULOSE KUTTY
AGED 50 YEARS
PROPRIETOR, M/S PEARLY GATES RESORTS,
NJATTUMKALAYIL HOUSE, KADAYIRUPPU P.O.,
KOLENCHERRY-682 311.
BY ADVS.
S.SREEKUMAR (SR.)
P.MARTIN JOSE
ABU MATHEW
P.PRIJITH
M.A.MOHAMMED SIRAJ
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
HARIKRISHNAN S.
RESPONDENTS:
1 THE RESERVE BANK OF INDIA SECRETARY’S DEPARTMENT, 16TH FLOOR, CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH MARG, NEW DELHI-400 001, REPRESENTED BY ITS CHIEF GENERAL MANAGER AND SECRETARY2 THE SOUTH INDIAN BANK LTD. REPRESENTED BY ITS SENIOR MANAGER, KOLENCHERY BRANCH, PIN-682 311,3 THE CHAIRMAN SOUTH INDIAN BANK LIMITED, HEAD OFFICE, SIB OFFICE, T.B ROAD, P.B. NO 28, TRISSURE-680001.4 THE GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001.W.P.(C).No.15590/2021
2
ADDL.R5. NATIONAL CREDIT GUARANTEE TRUSTEE LIMITED (NCGTC), INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 WITH ITS REGISTERED OFFICE AT MSME DEVELOPMENT CENTRE, C-11, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA [EAST], MUMBAI - 400 051, REPRESENTED BY ITS COMPANY SECRETARY.[ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
01.09.2021 IN I.A.01/2021 IN WP(C)15590/2021.]
BY ADVS.
MILLU DANDAPANI
SUNIL SHANKER
SRI.B.RAMACHANDRAN, CGC
VIDYA GANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.15590/2021
3
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.15590 of 2021
Dated this the 10th day of December, 2021
JUDGMENT
This writ petition is filed with following prayers:
W.P.(C).No.15590/2021
4
be just and proper in the interest of justice.
the Senior Counsel who appeared for the petitioner submitted that he will be satisfied if Ext.P13 is considered by the additional 5th respondent. But actually Ext.P13 is submitted before the 1st respondent. The Senior Counsel submitted that a fresh representation will be filed before the additional 5th respondent and there may be a direction to consider the same, after giving an opportunity of hearing to the petitioner. The counsel for the additional 5th respondent submitted that the 5th respondent is not the authority and the Bank is the authority. Whatever that may be, the additional 5th respondent can consider the maintainability question also and if maintainable, the grievance raised by the petitioner in the representation will be considered and will take appropriate action in accordance to law. The Senior Counsel also submitted that Ext.P1 is the scheme and based on the same, there may be direction to the additional 5th respondent to consider the representation.
Therefore, this writ petition is disposed in the following manner:
W.P.(C).No.15590/2021
5
sd/- P.V.KUNHIKRISHNAN JUDGE
JV
W.P.(C).No.15590/2021
6
APPENDIX OF WP(C) 15590/2021
PETITIOExhibit |
NER EXHIP1 |
BITSTRUE COPYGUARANTEE |
OF EMERGENCY CREDIT LINESCHEME |
|---|---|---|---|
Exhibit |
P2 |
TRUE COPYISSUED BYPETITIONER |
OF NOTICE DATED 18.11.2020THE 2ND RESPONDENT TO THE |
Exhibit |
P3 |
TRUE COPYEXHIBIT P2OTHER GUAR |
OF REPLY DATED 23.11.2020 TOSENT BY PETITIONER ANDANTORS TO THE 2ND RESPONDENT |
Exhibit |
P4 |
TRUE COPYISSUED BYGUARANTORS |
OF THE LETTER DATED 5.4.2021THE PETITIONER AND OTHERTO THE 2ND RESPONDENT |
Exhibit |
P5 |
TRUE COPYDECLARATIO |
OF APPLICATION CUMN DATED 26.4.2021 |
Exhibit |
P6 |
TRUE COPYISSUED BYRESPONDENT |
OF LETTER DATED 16.6.2021THE PETITIONER TO THE 2ND |
Exhibit |
P7 |
TRUE COPY22.6.2021TO THE PET |
OF THE LETTER DATEDISSUED BY THE 2ND RESPONDENTITIONER |
Exhibit |
P8 |
TRUE COPYSUBMITTED2ND RESPON |
OF REPLY DATED 23.6.2021BY THE PETITIONER BEFORE THEDENT |
Exhibit |
P9 |
TRUE COPYISSUED BYACCOUNTANT |
OF UTILITY CERTIFICATECHACKO KURIAN K CHARTEREDDATED 28.6.2021 |
Exhibit |
P10 |
TRUE COPYREJECTING |
OF LETTER DATED 16.7.2021EXHIBIT P5 |
Exhibit |
P11 |
TRUE COPYBY N T BAL |
OF VALUATION REPORT PREPAREDASUNDARAM |
Exhibit |
P12 |
TRUE COPYBY 2ND RES |
OF ACCOUNTS STATEMENT ISSUEDPONDENT |
Exhibit |
P13 |
TRUE COPY26.7.2021 |
OF REPRESENTATION DATEDSUBMITTED BY THE PETITIONER |
Exhibit |
P14 |
TRUE COPY201:2021-2THE 2ND RE |
OF LETTER FEF NO CDREC GEN2 DATED 7.8.2021 ISSUED BYSPONDENT |
2 issues framed by the court
Whether the writ petition against banking proceedings should be stayed and representation disposed of suitably.
Whether the petitioner is entitled to specific directions regarding NPA declaration and credit line schemes.
N.K.Paulose Kutty
The Reserve Bank of India
The South Indian Bank Ltd.
The Chairman South Indian Bank Limited
The Government of India
National Credit Guarantee Trustee Limited (NCGTC)
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court