Counsel for the petitioner applied to withdraw Writ Petition (C) No. 2417 of 2022. The court dismissed the petition as withdrawn without prejudice to the contentions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
WP(C) NO. 2417 OF 2022
PETITIONER:
M/S GIRINDRA HOSPITALITY PVT. LIMITED,
25/662/A, GIRINDRA TOWER, KURUPPAM ROAD, THRISSUR,
KERALA-680 001, REPRESENTED BY ITS MANAGING DIRECTOR
GIRIJA VALLABAN VELLOOR KUNJU.
BY ADVS.
P.B.KRISHNAN
P.B.SUBRAMANYAN
SABU GEORGE
JOSEPH FREEMAN
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, PARLIAMENT STREET, NEW DELHI-110 001.2 RESERVE BANK OF INDIA, 16TH FLOOR, CENTRAL OFFICE BUILDING., SHAHID BHAGAT SINGH MARG, MUMBAI-400 001, REPRESNETED BY ITS GOVERNOR.3 THE SOUTH INDIAN BANK LTD., MISSION QUARTERS BRANCH, MISSION QUARTERS, THRISSUR-680 001, REPRESENTED BY ITS CHIEF MANAGER.4 MD & CEO, THE SOUTH INDIAN BANK, REGISTERED OFFICE (HEAD OFFICE), TB ROAD, THRISSUR-680 001.5 THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE, 1ST FLOOR, PLATINUM JUBILEE BUILDING, CIVIL LINE ROAD, NEAR CHILDREN'S PARK, AYYANTHOLE, THRISSUR-680 003, REPRESENTED BY DEPUTY GENERAL MANAGER.W.P.(C)No.2417 of 2022
2
6DISTRICT LEAD MANAGER (THE CANARA BANK).,
CIVIL LANE ROAD, WEST FORT, THRISSUR-680 004.
BY ADVS.
SMT.MAHESWARY.G., CGC
SUNIL SHANKER
LEO GEORGE
KEVIN VARGHESE JACOB
MALINI K. MENON, CGC
OTHER PRESENT:
SRI. S. MANU, DSGI.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.2417 of 2022
3
T.R. RAVI, J.
-------------------------------------------- W. P. (C). No. 2417 of 2022
Dated this the 4th day of April, 2023
JUDGMENT
The counsel for the petitioner seeks permission to withdraw the writ petition.
This writ petition is dismissed as withdrawn without prejudice to the contentions.
Sd/-
T.R. RAVI JUDGE
AMR
W.P.(C)No.2417 of 2022
4
APPENDIX OF WP(C) 2417/2022
PETITIONER’S EXHIBITS
Exhibit P1 |
TRUE COPY OF THE UDYOG AADHAR MEMORANDUMDATED 29.06.2020 ISSUED TO THE PETITIONERCOMPANY. |
|---|---|
Exhibit P2 |
TRUE COPY OF THE SANCTION ORDER DATED31.12.2018 ISSUED BY THE SOUTH INDIAN BANKACCORDING SANCTION FOR LOAN AMOUNT OFRS.40,00,000/- |
Exhibit P3 |
TRUE COPY OF THE SANCTION LETTER ISSUED BYTHE SOUTH INDIAN BANK SANCTIONINGOVERDRAFT FACILITY OF RS.350 CRORES ANDTERN LOAN OF RS.300 CRORES. |
Exhibit P4 |
TRUE COPY OF THE PROCEEDINGS PASSED BY THETAHSILDAR, TRICHUR HANDING OVER THE SAIDHOTEL NAMED GARUDA TO THE PETITIONERCOMPANY. |
Exhibit P5 |
TRUE TYPED COPY OF THE CIRCULAR DATED06.08.2020 BEARING DOR NO.BP.BC/4/21.04048/2020-21 TITLED MICRO SMALL AND MEDIUMENTERPRISES (MSME) SECTOR RESTRUCTURINGADVANCES NOTIFIED BY THE RBI. |
Exhibit P6 |
TRUE COPY OF THE CIRCULAR DATED 05.05.2021NOTIFIED BY THE RBI. |
Exhibit P7 |
TRUE COPY OF UDYAM REGISTRATIONCERTIFICATE DATED 02.06.2021 CLASSIFYINGTHE PETITIONER COMPANY AS NA MSME. |
Exhibit P8 |
TRUE COPY OF THE REGISTRATION CERTIFICATEOF THE PETITIONER COMPANY UNDER THE GSTREGIME DATED 17.07.2018. |
Exhibit P9 |
TRUE COPY OF THE CERTIFICATE DATED08.07.2021 ISSUED BY THE CHARTEREDACCOUNTS CERTIFYING THAT THE FUND AND NONFUND EXPOSURE OF THE PETITIONER COMPANY ASON 31.03.2021 IS RS.6,17,28,810.10. |
W.P.(C)No.2417 of 2022
5
Exhibit P10 |
TRUE COPY OF THE CIRCULAR DATED 04.06.2021ISSUED BY RBI. |
|---|---|
Exhibit P11 |
TRUE COPY OF THE REQUEST DATED 26.05.2021FOR RESTRUCTURING THE LOANS SUBMITTED BYTHE PETITIONER COMPANY TO THE CHIEFMANAGER OF THE THIRD RESPONDENT BANK. |
Exhibit P12 |
TRUE COPY OF THE EMAIL COMMUNICATION DATED26.05.2021 ADDRESSED BY THE SOUTH INDIANBANK, MISSION QUARTERS BRANCH TO THEPETITIONER COMPANY CONFIRMING RECEIPT OFREQUEST FOR RESTRUCTURING. |
Exhibit P13 |
THE TITLE DEED OF THE EMAIL COMMUNICATIONDATED 27.05.2021 ADDRESSED BY THEPETITIONER COMAPANY TO THE BANK. |
Exhibit P14 |
TRUE COPY OF THE COMMUNICATION REJECTINGTHE REQUEST OF RESTRUCTURING OF LOANSUBMITTED BY THE PETITIONER COMPANY WHICHWAS HANDED OVER TO THE PETITIONER COMPANYIN AN INCOMPLETE FORM AND FORMAT BY ANIDENTIFIABLE OFFICIAL OF THE SAID BANK. |
Exhibit P15 |
TRUE COPY OF THE COMMUNICATION DATED29.09.2021 ENCLOSING THE REPRESENTATIONADDRESSED TO THE LEAD DISTRICT MANAGER. |
Exhibit P16 |
TRUE COPY OF THE FORWARDING NOTE DATED06.10.2021 ADDRESSED BY THE LEAD DISTRICTMANAGER CANARA BANK INCLUDING THE REPLYDATED 04.10.2021 PROVIDED BY THE SOUTHINDIAN BANK TO THE LEAD DISTRICT MANAGER. |
Exhibit P17 |
TRUE COPY OF THE COMPLAINT DATED02.09.2020. |
Exhibit P18 |
TRUE COPY OF THE COMPLAINT DATED14.09.2020. |
Exhibit P19 |
TRUE COPY OF THE CRIMINAL COMPLAINT FILEDBY THE MANAGING DIRECTOR OF THE PETITIONERCOMPANY ON THE FILE OF CHIEF JUDICIALMAGISTRATE, DATED 05.11.2021. |
Exhibit P20 |
TRUE COPY OF THE COMPLAINT LODGED BY THE |
W.P.(C)No.2417 of 2022
6
MANAGING DIRECTOR OF THE PETITIONER BY THE
MANAGING DIRECTOR OF THE PETITIONER
COMPANY ON THE FILE OF THE BANKING
OMBUDSMAN.
Exhibit P21TRUE COPY OF THE NOTICE DATED 27.10.2021
ISSUED BY THE REGIONAL OFFICE OF THE SIB
UNDER SEC.13(2) OF THE SARFAESI ACT.
Exhibit P22TRUE COPY OF THE OBJECTION DATED
07.12.2021 FILED BY THE MANAGING DIRECTOR
OF THE PETITIONER COMPANY.
Exhibit P23TRUE COPY THE OBJECTION DATED 29.12.2021
SENT BY THE MANAGING DIRECTOR OF THE
PETITIONER COMPANY.
Exhibit P24TRUE COPY OF THE OBJECTION DATED
03.01.2021 SEND BY THE MANAGING DIRECTOR
OF THE PETITIONER COMPANY.
Exhibit P25TRUE COPY OF THE NOTICE STYLED AS RECALL
NOTICE DATED 25.11.2021 BY RESPONDENT
NO.3.
Exhibit P26TRUE COPY OF THE EMAIL DATED 26.05.2021
ISSUED BY THE BANK
RESPONDENTS’ EXHIBIT
Exhibit R3(a)True copy of the reply letter of the
Authorised Officer dated 20.12.2021
M/S GIRINDRA HOSPITALITY PVT. LIMITED
UNION OF INDIA
RESERVE BANK OF INDIA
THE SOUTH INDIAN BANK LTD.
DISTRICT LEAD MANAGER (THE CANARA BANK).
T.R. RAVI
As recorded by the court registry
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