The court closed the writ petition due to proceedings under the Insolvency and Bankruptcy Code initiated against the builder respondent, reserving the petitioner's right to approach the NCLT.
Petition closed; right to approach NCLT reserved.
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.
W.P.(C) No.22496 of 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944 WP(C) NO. 22496 OF 2022
PETITIONER:
HARIKUMAR N AGED 56 YEARS,S/O.N.UNNIKRISHNAN NAIR RESIDING AT SHEEJA NIVAS, PERUMANNUR, ARACKAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 691 502, BY ADVS. KAROL MATHEWS SEBASTIAN ALENCHERRY D.G.VIPIN DANIEL A.J.
RESPONDENT:
1 STATE BANK OF INDIA NETWORK I, LOCAL HEAD OFFICE POOJAPURA MAIN ROAD, CHERUKARA GARDENS POOJAPURA, KESARI NAGAR THIRUVANANTHAPURAM - 695 012, REPRESENTED BY THE GENERAL MANAGER
2 THE CHIEF MANAGER STATE BANK OF INDIA, S.M.E. BRANCH GENERAL HOSPITAL ROAD, VANCHIYOOR P.O. THIRUVANANTHAURAM - 695 035 3 THE AUTHORIZED OFFICER STATE BANK OF INDIA, SARB BRANCH, 1ST FLOOR SANGAMAM, GAS HOUSE JUNCTION THIRUVANANTHAPURAM - 695 001
W.P.(C) No.22496 of 2022
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4 THE DEPUTY. GENERAL MANAGER(B & O) STATE BANK OF INDIA, ADMINISTRATIVE OFFICE 3RD FLOOR, SANGAMAM, GAS HOUSE JUNCTION THIRUVANANTHAPURAM - 695 001
5 CHAIRMAN STATE BANK OF INDIA, CORPORATE CENTRE STATE BANK BHAVAN, MADAM CAMA ROAD NARIMAN POINT, MUMBAI - 400 021 6 M/S. SAMSON & SONS BUILDERS & DEVELOPERS (P) LTD TC-3/679, TKD ROAD MUTTADA P.O., THIRUVANANTHAPURAM - 695 025 REPRESENTED BY ITS MANAGING DIRECTOR JOHN JACOB
OTHER PRESENT:
SC M. JITESH MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22496 of 2022
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V.G.ARUN J.
W.P.(C) No.22496 of 2022
Dated this the 21st day of December 2022
JUDGMENT
As it is informed that the proceedings under the Insolvency and Bankruptcy Code has been initiated against the 6th respondent builder, the writ petition is closed reserving the petitioner's right to approach the NCLT and without prejudice to his right to approach again, if so warranted.
Sd/-
V.G.ARUN JUDGE
dpk
W.P.(C) No.22496 of 2022
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APPENDIX OF WP(C) 22496/2022
PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE SALE CUM CONSTRUCTION AGREEMENT DATED 21.6.2014 ENTERED BETWEEN THE PETITIONERS AND 6TH RESPONDENT Exhibit2 TRUE COPY OF THE RELEVANT PAGE OF THE PASS BOOK ISSUED UNDER ACCOUNT NO.330100NC00010003 BY PUNJAB NATIONAL BANK Exhibit3 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 9.3.2017 Exhibit4 TRUE COPY OF THE LETTER OF ARRANGEMENT ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT Exhibit5 TRUE COPY OF THE LAWYER NOTICE DATED 20.3.2018 ISSUED BY THE PETITIONER TO THE RESPONDENTS Exhibit6 TRUE COPY OF THE REPLY NOTICE DATED 26.4.2018 ISSUED BY ADVOCATE HARI S NAIR
1 provisions across 1 enactments
HARIKUMAR N
THE CHIEF MANAGER STATE BANK OF INDIA, S.M.E. BRANCH
M/S. SAMSON & SONS BUILDERS & DEVELOPERS (P) LTD
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
