Kerala High Court
B.C.G. Health Park Pvt. Ltd vs Authorised Officer on 8 November, 2013
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 3RD DAY OF MARCH 2014/12TH PHALGUNA, 1935
WP(C).No. 2868 of 2014 (G)
---------------------------
PETITIONER(S):
--------------------------
1. B.C.G. HEALTH PARK PVT. LTD.,
FORMERLY SAFEWAY PROPERTIES PVT.LTD., BCG ESTATE,
OPP: MEDICAL CENTRE, NH BYEPASS, PALARIVATTOM,
KOCHI-682 025-REPRESENTED BY ITS DIRECTOR,
RENU C. BABU, D/O. BABU C. GEORGE, CHANDRATHIL HOUSE,
BCG BUNGLOW ANNEXE, DR. AMBEDKAR ROAD, VENNALA.P.O.,
KOCHI-682 028.
2. BABU C. GEORGE,
S/O. GEORGE, CHANDRATHIL HOUSE, BCG BUNGLOW ANNEXE,
DR. AMBEDKAR ROAD, VENNALA.P.O., KOCHI-682 028.
3. MARIAMMA BABU,
W/O. BABU C.GEORGE, CHANDRATHIL HOUSE,
BCG BUNGLOW ANNEXE, DR. AMBEDKAR ROAD, VENNALA.P.O.,
KOCHI-682 028.
4. REKHA C. BABU,
D/O. BABU C.GEORGE, CHANDRATHIL HOUSE,
BCG BUNGLOW ANNEXE, DR. AMBEDKAR ROAD, VENNALA.P.O.,
KOCHI-682 028.
5. RENU.C. BABU,
D/O.BABU C.GEORGE, CHANDRATHIL HOUSE,
BCG BUNGLOW ANNEXE, DR. AMBEDKAR ROAD, VENNALA.P.O.
KOCHI-682 028.
BY ADVS.SRI.P.K.BABU
SRI.M.PREMKUMAR
Kss ..2/-
...2....
WPC.NO.2868/2014 (G)
RESPONDENT(S):
----------------------------
1. AUTHORISED OFFICER,
CHIEF MANAGER, THE FEDERAL BANK LTD., P.B. NO.4,
FEDERAL BHAVAN, STATUE JUNCTION, TRIPUNITHURA-682 301.
2. BRANCH MANAGER,
FEDERAL BANK LTD., P.B. NO. 4, FEDERAL BHAVAN,
STATUE JUNCTION, TRIPUNITHURA-682 301.
3. THE HON'BLE DEBTS RECOVERY TRIBUNAL(KERALA & LAKSHDWEEP)
ERNAKULAM - 682 017, REP. BY ITS REGISTRAR.
R1 BY ADVS. SRI.A.ANTONY
SMT.LEELAMMA ANTONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03-03-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 2868 of 2014 (G)
----------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS:
----------------------------------------
P1. TRUE COPY OF THE NOTICE DATED 8-11-2013.
P2. TRUE COPY OF THE SA 852/2013 FILED BY THE PETITIONERS BEOFRE THE
DRT, ERNAKULAM DATED 19-12-2013 WITHOUT ANNEXURES.
P3. TRUE COPY OF THE ORDER IN IA 3637/2013 IN SA 852/2013 DATED 20-12-13.
P4. TRUE COPY OF THE IA 69/2014 IN IA 3637/2013 DATED 7-1-14.
P5. TRUE COPY OF THE LETTER DATED 24-1-2014 SEND BY THE PETITIONERS
TO THE RESPONDENT BANK.
RESPONDENT(S)' EXHIBITS:
------------------------------------------- N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~
W.P.(C) No. 2868 of 2014
~~~~~~~~~~~~~~~~~~~~~
Dated, this the 3rd day of March, 2014
JUDGMENT
The petitioners have approached this Court with the following prayers :
"i. To issue a writ of certiorari or any other appropriate writ order or directions calling fro the records leading to the issuance of Ext. P1 and quash the same;
ii. To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st and 2nd respondents not to implement Ext. P1 until a decision being taken on Ext. P4 interim application and Ext. P5 representation and pass appropriate orders;
iii. To issue a writ of mandamus or any other appropriate writ or order or direction directing the 3rd respondents to dispose Ext. P3 interim application and pass appropriate orders within a time limit fixed by this Hon'ble Court. iv. To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice.
2. When the matter came up for consideration on 29.01.2014, the following interim order was passed;
"Urgent notice on admission to the respondents by speed post returnable within two weeks.
W.P.(C) No. 2868 of 2014 : 2 :
2. The learned counsel for the petitioners submits that though Ext. P4 petition has been filed by the petitioners before the DRT for modification of Ext. P3 order, there is no sitting and hence the writ petition.
After considering the facts and figures, the petitioners are directed to satisfy a sum of Rs.25,00,000/- (Rupees Twenty Five lakhs only) within three weeks thereafter, subject to which the recovery proceedings shall be kept in abeyance for a period of one month.
3. Today when the matter is taken up for consideration, the learned counsel for the petitioners submits that, apart from satisfying the condition imposed by this Court, the petitioners have satisfied more amount that the quantum directed to be satisfied (to an extent of Rs. 2.75 Crores) on 21.02.2014. It is stated that the petitioner is ready to deposit a further sum of Rs. 1.25 Crores within three weeks. It is also pointed out that, some alternative arrangements are being made by the petitioner to wipe off the liability and seeks for some breathing time in this regard.
4. The learned counsel appearing for the respondent Bank submits, on instructions, that pursuant to the interim order dated 29.01.2014, the petitioner has satisfied a sum of Rs. 2.75 Crores W.P.(C) No. 2868 of 2014 : 3 : on 21.02.2014. The learned counsel also points out that the interference of this Court was sought for at that point of time because of the fact the DRT was not sitting and hence could not seek for variation of the order already passed by the DRT.
5. Considering the fact that the Debt Recovery Tribunal has commenced regular sitting from 12.02.02014, the writ petition is disposed of, relegating the petitioner to approach the DRT for appropriate relief in the matter, which is pending consideration before the said forum.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd