Kerala High Court
M/S. Pdmc Industries vs Reserve Bank Of India on 30 December, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
Monday, the 30th day of December 2024 / 9th pousha, 1946
IA.NO.1/2024 IN WP(C) NO. 44147 OF 2024
APPLICANTS/PETITIONERS:
1. M/S. PDMC INDUSTRIES, REPRESENTED BY ITS MANAGING PARTNER BOBBY
ISAAC MATHEW,AGED 53 YEARS, S/O P.D. MATHEW, TTCMPS BUILDING,
MUTTOM, THODUPUZHA, IDUKKI, PIN - 685587
2. M/S PDMC CO RUBBER, REPRESENTED BY ITS PROPRIETOR, HAVING ITS
REGISTERED ADDRESS AT NO. III/123-129, CRUMB RUBBER FACTORY, PDMC CO
RUBBER BUILDING, MUTTOM P.O., THODUPUZHA, IDUKKI, KERALA , PIN -
685587
3. BOBBY ISSAC MATHEW, RESIDING AT THAZHATHU PULINGAPPALLIL,
ATHIRAMPUZHA ROAD, ETTUMANOOR P.O, KOTTAYAM, PIN - 686631
RESPONDENTS/RESPONDENTS:
1. RESERVE BANK OF INDIA, REPRESENTED BY ITS GOVERNOR, SHAHID BHAGAT
SINGH ROAD, FORT MUMBAI, PIN - 400001
2. EMPOWERED COMMITTEE ON MSMES, REPRESENTED BY THE REGIONAL DIRECTORS
OF THE RESERVE BANK OF INDIA,RBI REGIONAL OFFICE, BAKERY JUNCTION,
P.B. NO. 6507,THIRUVANANTHAPURAM, PIN - 695033
3. THE CHAIRMAN, STATE LEVEL INTER INSTITUTIONAL COMMITTEE,RBI REGIONAL
OFFICE,BAKERY JUNCTION, P.B. NO. 6507, THIRUVANANTHAPURAM - 695033
4. CHAIRMAN, PRIME MINISTER'S TASK FORCE ON MSMES,PRIME MINISTER'S
OFFICE,SOUTH BLOCK, NEW DELHI - 110001
5. CHAIRMAN, WORKING GROUP ON REHABILITATION OF SICK MSMES, RESERVE
BANK OF INDIA,MUMBAI - 400001
6. BANKING CODES AND STANDARDS BOARD OF INDIA (BCSBI), WORLD TRADE
CENTRE COMPLEX,6TH FLOOR CENTRE 1 BUILDING,WORLD TRADE CENTRE
COMPLEX, CUFF PARADE,MUMBAI- 400005
7. BRANCH MANAGER, SOUTH INDIAN BANK, KOTTAYAM, 1ST FLOOR, REGENCY
SQUARE, K.K ROAD, COLLECTORATE P.O., KOTTAYAM, KERALA - 686002
8. BOARD OF DIRECTORS OF SOUTH INDIAN BANK REPRESENTED BY ITS CEO &
MANAGING DIRECTOR,REGISTERED OFFICE, SIB HOUSE, T.B. ROAD, MISSION
QUARTERS, THRISSUR, KERALA-680001
9. AUTHORISED OFFICER, SOUTH INDIAN BANK,REGIONAL OFFICE, KOTTAYAM, 1ST
FLOOR, REGENCY SQUARE, K.K ROAD, COLLECTORATE P.O., KOTTAYAM, KERALA
- 686002
10. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF MICRO, SMALL &
MEDIUM ENTERPRISES UDYOG BHAWAN, RAFI MARG NEW DELHI - 110001
11. SECRETARY, DEPT. OF BANKING, MINISTRY OF FINANCIAL
SERVICES,GOVERNMENT OF INDIA,3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD
MARG, NEW DELHI - 110001
12. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM- 695001
13. ADV. VRINDA SOMAN, ADVOCATE COMMISSIONER APPOINTED IN M.C.
816/2024,IN THE FILES OF CJM, KOTTAYAM,DISTRICT BAR ASSOCIATION
KOTTAYAM, COLLECTORATE BUILDING, COLLECTORATE P.O. KOTTAYAM- 686001
14. ADV. AJAYA KUMAR M.T, ADVOCATE COMMISSIONER APPOINTED IN M.C.
830/2024,IN THE FILES OF CJM, KOTTAYAM,DISTRICT BAR ASSOCIATION
KOTTAYAM, COLLECTORATE BUILDING, COLLECTORATE P.O. KOTTAYAM, -
686001
15. STATION HOUSE OFFICER, ETTUMANOOR POLICE STATION, ETTUMANOOR P.O,
KOTTAYAM, PIN - 686631
16. STATE BANK OF INDIA, STATE BANK BHAWAN,M.C. ROAD. NARIMAN POINT,
MUMBAI - 400021
17. ANIL DHIRAJLAL AMBANI , SEA WIND, CUFF PARADE, MUMBAI - 400005
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to
(a) To grant ad-interim stay against the Respondent Bank on
further measures under section 13(2),13(4) and 14 and in particular the
impugned order dated 27/11/2024 passed by the Chief Judicial
Magistrate,Kottayam for appointing the Court Commissioner for taking
physical possession of the petitioner's property and to submit the Report
on or before 19/12/2024.
(b) To stay the Advocate Commissioner's notice dated 16/12/2024
for taking physical posssession of the petitoner's property. (c)
pass such further and other orders as the nature and circumstances of
the case may require;
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.MARIA NEDUMPARA, SHAMEEM FAYIZ V.P., Advocates for the APPLICANTS
IN I.A/ PETITIONERS IN WP(C),STANDING COUNSEL for R7&R9 IN IA/WP(C) and of
GOVERNMENT PLEADER for R12 & R15 IN IA/WP(C),the court passed the
following:
P.KRISHNA KUMAR, J
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IA No.1 of 2024 in WP(C)No.44147 of 2024
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Dated this the 30th day of December, 2024
ORDER
The learned counsel appearing for the South Indian Bank submitted that the petitioner has moved the Debt Recovery Tribunal (DRT), Ernakulam with similar prayers. Then the petitioner, who is present in Court, has endorsed in writing that he is withdrawing all those matters in the DRT.
2. During the course of the hearing, the learned counsel appearing for the Bank submitted that the Interlocutory Application was filed on a wrong notion that today, the Bank is proceeding against the residential building of the petitioner, whereas the Bank proceeds only against the vacant land now.
3. After recording the submission of the learned counsel for the Bank, IA No.1 of 2024 is disposed of with a direction that the Bank or the Commissioner shall not dispossess the petitioner from his residential building till 06.01.2025.
Post the writ petition along with connected matters on 06.01.2025.
Sd/-
P.KRISHNA KUMAR, JUDGE dlk/30.12 30-12-2024 /True Copy/ Assistant Registrar