Disposed

M/S.Pharma Link, Rep by Its Managing Partner v. South Indian Bank, Rep by Its Authorised Officer/Chief Manager.

Kerala HC8 Jun 2023WP(C)/5929/2023

Case brief

AI extract

What is this about?

This writ petition seeks a direction for the second respondent bank to consider and dispose of a representation submitted by the petitioner regarding overdue payments, fix a timeline for disposal, and afford a hearing.

What did the court decide?

The second respondent directed to consider and dispose of Ext.P2 representation within one month after affording petitioner an opportunity of hearing.

M/S.Pharma Link, Rep by Its Managing Partner… — Contract and Commercial Disputes | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945

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WP(C) NO. 5929 OF 2023

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PETITIONER:

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1M/S.PHARMA LINK,
REP BY ITS MANAGING PARTNER
AGED 54 YEARS
7/263(3), 1 ST FLOOR, SURAKSHA,
TAREKKAD, KOPPAM ROAD, PALAKKAD, PIN - 678001
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENTS:

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1SOUTH INDIAN BANK,
REP BY ITS AUTHORISED OFFICER/CHIEF MANAGER.
REGIONAL OFFICE, PALAKKAD, DOOR NO.733/2, FIRST FLOOR, D&D
ARCADE BUILDING, CHITTUR ROAD, MANAPPULLIKAVU,
KUMATHURMEDU.P.O, PALAKKAD. PIN - 678013
2THE MANAGER,
SOUTH INDIAN BANK, MAIN BRANCH,
JOBY'S MALL, PALAKKAD, PIN - 678701
BY ADVS.
SUNIL SANKAR.P.
K.MADHUSOODANAN
SYRIAC JOSEPH(K/304/1980)
MATHEW JACOB (KUNNATHU)(K/398/2013)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No.5929 of 2023

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C.S.DIAS, J.

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W.P.(C.) No.5929 of 2023

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Dated this the 08^th day of June, 2023

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JUDGMENT

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The writ petition is filed, interalia, to direct the second respondent to consider and dispose of Ext.P2 representation submitted by the petitioner

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to pay off the overdue amount in instalments.

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The petitioner’s case is that, they had availed financial assistance from the second respondent by creating an equitable mortgage. Due to unforeseen circumstances, they could not

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pay the instalments on time. Now, the respondents are proceeding against the secured asset under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (in short, ‘Act’). The petitioner has

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WPC No.5929 of 2023

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submitted Ext.P2 representation before the second respondent. The petitioner prays that the respondents may be directed to consider and dispose of Ext.P2. Hence, the writ petition.

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Heard;V.A.Johnson, the learned counsel appearing for the petitioner and Sri.Sunil Sankar, the learned counsel appearing for the respondents.

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Having considered the pleadings and materials on record and taking note of the fact that Ext.P2 is pending consideration before the second respondent, I deem it appropriate to dispose of the writ petition in the following manner:

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(i) The second respondent is directed to consider and dispose of Ext.P2 representation, in accordance with law and as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this

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WPC No.5929 of 2023

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judgment and after affording to the petitioner an opportunity of being heard.

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The writ petition is ordered accordingly.

Sd/-

C. S. DIAS

JUDGE

SKP/08-06

WPC No.5929 of 2023

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APPENDIX OF WP(C) 5929/2023

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PETITIONER’S EXHIBITS:
EXHIBIT P1TRUE COPY OF THE POSSESSION NOTICE DATED
23.11.2022 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A.TO JUDGE

M/S.Pharma Link, Rep by Its Managing Partner v. South Indian Bank, Rep by Its Authorised Officer/Chief Manager.

Case brief

What is this about?

What did the court decide?

M/S.Pharma Link, Rep by Its Managing Partner v. South Indian Bank, Rep by Its Authorised Officer/Chief Manager.

Case brief

What is this about?

What did the court decide?

What the court decided

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