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Madras High Court

Servalakshmi Paper Limited vs Indian Overseas Bank on 10 March, 2023

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                               W.P.No.5462 of 2016



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 10.03.2023

                                                          CORAM :

                                  THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
                                                 W.P.No.5462 of 2016

                     Servalakshmi Paper Limited
                     Public Limited Company
                     Having its Registered Office at
                      S.F.No.539, 568, 569 and 570
                     Kodanganallur Village
                     Vadugampatti Post, I.C.Pettai
                     Tirunelveli – 627 010.                            ..   Petitioner

                                                            vs

                     1. Indian Overseas Bank
                        having its registered office at
                        762, Anna Salai
                        Chennai – 600 002.
                        and Branch office interalia at
                        Large Corporate Branch
                        No.10, Kannusamy Street
                        R.S.Puram, Coimbatore – 02.

                     2. Bank of India
                        Having its Head Office at
                        Star House, C-5, “G” Block
                        Bandra – Kurla Complex
                        Bandra (East), Mumbai – 400 051.


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                                                                                W.P.No.5462 of 2016



                         having its Branch Office interalia at
                         Mid Corporation Banking Branch
                         1st Floor, Chamber Towers
                         8/732, Avanashi Road
                         Coimbatore – 641 018.

                     3. State Bank of India
                        having its Head Office at
                        No.6, College Lane
                        Nungambakkam
                        Chennai – 600 006.

                     4. Corporate Debt Restructuring Cell
                        IDBI Tower, 19th Floor
                        Cuffa Parade
                        Mumbai – 400 005.

                     5. The Chairman
                        Corporate Debt Restructuring Core Group
                        IDBI Tower, 19th Floor
                        Cuffa Parade
                        Mumbai – 400 005.

                     6. Corporate Debt Restructuring Empowered Group
                        having its office at
                        IDBI Tower, 19th Floor
                        Cuffa Parade, Mumbai – 400 005.

                     7. M/s.Pridhivi Assets Reconstruction and Securitization
                         Company Limited
                        Door No.1-55, 4th Floor
                        Wing I, Plot 6, 6A & 6B
                        Raja Praasadamu, Majid Banda Road
                        Kondapur, Hyderabad – 500 084.

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                                                                                    W.P.No.5462 of 2016




                     8. Reserve Bank of India
                        Department of Banking Supervision
                        Fort Glacias, No.16, Rajaji Salai
                        Chennai – 600 001.                               ..       Respondents
                     Prayer: Petition filed under Article 226 of the Constitution of India praying
                     for a writ of Certiorarified Mandamus, calling for the records connected with
                     the order reference CDR(PM)No.396/2015-16 dated 12.10.2015 of the CDR
                     Core Group directing exit of the petitioner from the CDR package, quash the
                     same and consequently direct the respondents to implement the CDR
                     Package in entirety in relation to the petitioner within a time frame to be set
                     by this Hon'ble Court.


                                   For the Petitioner        : Ms.A.Saranya
                                                               for M/s.Iyer and Thomas
                                   For the Respondents       : Mr.V.Kadhirvel
                                                               for respondent 1

                                                               Mr.KMC.Arunmokan
                                                               for Mr.S.Sathiya Narayanan
                                                               for respondent 2

                                                               Ms.Aishwarya Nathan
                                                               for Mr.T.K.Bhaskar
                                                               for respondent 7

                                                               No representation
                                                               for respondents 3 to 6 & 8



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                                                                                    W.P.No.5462 of 2016



                                                           ORDER

The learned counsel for the petitioner made a submission that the petitioner Company had already gone into liquidation and thus, no further adjudication is needed to be undertaken. Accordingly, the writ petition stands closed. There will be no order as to costs.

Index : Yes/No 10.03.2023 Neutral Order:Yes/No drm To:

1. Indian Overseas Bank having its registered office at 762, Anna Salai Chennai – 600 002.

and Branch office interalia at Large Corporate Branch No.10, Kannusamy Street R.S.Puram, Coimbatore – 02.

2. Bank of India Having its Head Office at Star House, C-5, “G” Block Bandra – Kurla Complex Bandra (East), Mumbai – 400 051.

having its Branch Office interalia at ___________ Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.5462 of 2016 Mid Corporation Banking Branch 1st Floor, Chamber Towers 8/732, Avanashi Road Coimbatore – 641 018.

3. State Bank of India having its Head Office at No.6, College Lane Nungambakkam Chennai – 600 006.

4. Corporate Debt Restructuring Cell IDBI Tower, 19th Floor Cuffa Parade Mumbai – 400 005.

5. The Chairman Corporate Debt Restructuring Core Group IDBI Tower, 19th Floor Cuffa Parade Mumbai – 400 005.

6. Corporate Debt Restructuring Empowered Group having its office at IDBI Tower, 19th Floor Cuffa Parade, Mumbai – 400 005.

7. M/s.Pridhivi Assets Reconstruction and Securitization Company Limited Door No.1-55, 4th Floor Wing I, Plot 6, 6A & 6B Raja Praasadamu, Majid Banda Road Kondapur, Hyderabad – 500 084.

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8. Reserve Bank of India Department of Banking Supervision Fort Glacias, No.16, Rajaji Salai Chennai – 600 001.

___________ Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.5462 of 2016 S.M.SUBRAMANIAM,J.

(drm) W.P.No.5462 of 2016 10.03.2023 ___________ Page 7 of 7 https://www.mhc.tn.gov.in/judis