Kerala High Court
M/S. Kerala Handloom Silk Consortium ... vs Canara Bank on 20 August, 2004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
FRIDAY,THE 25TH DAY OF APRIL 2014/5TH VAISAKHA, 1936
WP(C).No. 11400 of 2014 (Y)
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PETITIONER :
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M/S. KERALA HANDLOOM SILK CONSORTIUM PVT.LTD.,
BALARAMAPURAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR.S.MOHAN,S/O.SRINIVASA PANICKER, P.S.SADANAM,
MANGALATHUKONAM, KATTACHALKUZHI.P.O., BALARAMAPURAM,
THIRUVANANTHAPURAM-695 509.
BY ADV. SMT.INDU SUSAN JACOB
RESPONDENT :
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CANARA BANK,
CANTONMENT BRANCH,
CANARA BANK BUILDING, M.G.ROAD, SPENCER JUNCTION,
THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORISED
OFFICER UNDER THE SARFAESI ACT 2002.
BY SRI.PAULY MATHEW MURICKEN,SC,CANARA BAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25-04-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C)NO.11400/2014
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE CERTIFICATE OF INCORPORATION UNDER THE COMPANIES
ACT DATED 20/08/2004
P2 COPY OF THE CERTIFICATE OF APPROVAL DATED 26/5/2005 ISSUED BY THE
DIRECTORATE OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA
P3 COPY OF THE LETTER DATED 22/2/2006 ISSUED BY THE GOVERNMENT OF
KERALA RECOMMENDING THE PETITIONERS PROJECT TO THE
DEVELOPMENT COMMISSIONER (SSI) GOVERNMENT OF INDIA.
P4 COPY OF THE OFFICE MEMORANDUM REGARDING THE REVISED
GUIDELINES OF THE SMALL SCALE INDUSTRIES CLUSTER DEVELOPMENT
PROGRAMS DATED 14/03/2006 ISSUED BY MINISTRY OF SMALL SCALE
INDUSTRIES, GOVERNMENT OF INDIA
P5 COPY OF THE REVISED PROJECT REPORT DATED 20/09/2007 SUBMITTED BY
PETITIONER COMPANY TO THE INDUSTRIES DEPARTMENT, GOVERNMENT OF
KERALA.
P6 COPY OF THE LETTER OF RECOMMENDATION DATED 24/03/2008 ISSUED BY
THE DIRECTOR OF HANDLOOM AND TEXTILES TO THE DEVELOPMENT
COMMISSION FOR HANDLOOM, MINISTRY OF TEXTILES, NEW DELHI.
P7 COPY OF THE CREDIT GUARANTEE FUND SCHEME FOR MICRO SMALL AND
MEDIUM ENTERPRISES.
P8 COPY OF THE E-AUCTION NOTICE DATED 07/09/2013 ISSUED UNDER RULES 8
(6) & (9) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002.
P9 COPY OF THE COMMUNICATION DATED 30/08/2013 ISSUED BY THE
RESPONDENT BANK.
P10 COPY OF THE VALUATION REPORT AND VALUATION CERTIFICATE DATED
07/02/2011, DULY ISSUED BY THE APPROVED VALUER.
P11 COPY OF THE JUDGMENT DATED 10/10/2013 OF THE HON'BLE HIGH COURT
OF KERALA IN WRIT PETITION (CIVIL) NO.24836 OF 2013
P12 COPY OF THE COMMUNICATIONAL RECEIVED FROM THE RESPONDENT
BANK REGARDING ONE TIME SETTLEMENT
P13 COPY OF THE REPRESENTATION DATED 07/03/2014 MADE BY PETITIONER TO
RESPONDENT BANK.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
V. CHITAMBARESH, J.
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W.P.(C) No.11400 of 2014
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Dated this the 25th day of April, 2014.
JUDGMENT
The secured asset has already been taken possession of under the SARFAESI Act. The petitioner is eager and willing to wipe off the dues under the one time settlement. Ext. P13 representation put in by the petitioner in this regard is pending consideration.
2. I direct the respondent to consider Ext. P13 representation for one time settlement within three weeks. The same shall be done after affording an opportunity to the petitioner of being heard. The property taken possession shall not be sold till orders are passed on Ext.P13 representation.
The writ petition is disposed of.
V. CHITAMBARESH JUDGE DCS