Kerala High Court
We Build (P) Ltd vs State Bank Of India on 15 October, 2020
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 15TH DAY OF OCTOBER 2020 / 23RD ASWINA, 1942
WP(C).No.12035 OF 2020(D)
PETITIONER/S:
WE BUILD (P) LTD.
HAVING ITS REGISTERED OFFICE AT TC 16/713, JAGATHY,
THIRUVANANTHAURAM-695 014, REPRESENTED BY ITS
MANAGING DIRECTOR MR.C.KAMALASANAN.
BY ADVS.
SRI.K.P.DANDAPANI (SR.)
SRI.MILLU DANDAPANI
RESPONDENT/S:
1 STATE BANK OF INDIA
(ERSTWHILE STATE BANK OF TRAVANCORE), POOJAPURA
BRANCH, THIRUVANANTHAPURAM-695 012, REPRESENTED BY
THE CHIEF MANAGER.
2 THE AUTHORISED OFFICER/CHIEF MANAGER,
STATE BANK OF INDIA, POOJAPURA BRANCH,
THIRUVANANTHAPURAM-695 012.
3 THE CHIEF MANAGER/AUTHORISED OFFICER,
STRESSED ASSETS RECOVERY BRANCH, SBI, 1ST FLOOR,
SANGAMAM, GENERAL HOSPITAL ROAD, GAS HOUSE JN.,
THIRUVANANTHAPURAM-695 001.
4 THE GENERAL MANAGER, LOCAL HEAD OFFICE,
STATE BANK OF INDIA, S S KOVIL ROAD,
THIRUVANANTHAPURAM-695 001.
5 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CABINET
SECRETARIAT, RAISINA HILL, NEW DELHI-110 011.
R1-R4 BY ADV. SRI.R.S.KALKURA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12035 OF 2020(D) 2
JUDGMENT
The petitioner has approached this Court through the present writ petition impugning, inter alia, Ext.P21 order of the Debt Recovery Tribunal that dismissed S.A.No.144/2019. Although this Court had, by its order dated 18.06.2020, recognised that the writ petition would not be maintainable, taking note of the present Covid-19 pandemic situation and the circumstances where the DRAT, Chennai was not holding regular sittings, it had adjourned the matter and restrained the bank from taking possession of the property or sale of the property, till 31.08.2020. The said order was extended till today by another order dated 30.09.2020, where this Court, while adjourning the case to today, directed the petitioner to prefer an appeal before the DRAT, in the meanwhile.
2. When the matter was taken up today, it is submitted by the learned counsel for the petitioner that the appeal before the DRAT has been prepared but is yet to be filed, and the delay occasioned is on account of the present indisposition of the petitioner, who is stated to be 82 years of age and residing in a containment area.
Taking note of the said submission, but finding that the writ petition cannot be maintained before this Court, I dispose the writ petition by directing that the stay granted by this Court shall continue to be in force till 31.10.2020. For all other purposes the writ petition in its challenge against the order of the Debt Recovery Tribunal is dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sd WP(C).No.12035 OF 2020(D) 3 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ARRANGEMENT NO.AGM 1/TVM/PJP/ADV LETTER DATED 30.03.2010.
EXHIBIT P2 A TRUE COPY OF THE REVISED SANCTION LETTER BEARING NO.AGM 1/TVM DATED 22.04.2016 OF SBT, THIRUVANANTHAPURAM.
EXHIBIT P3 A TRUE EXTRACT OF THE BANK STATEMENT FROM 1ST JAN. 2017 TO 20TH JUNE 2017.
EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 24.04.2017 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF NOTICE DATED 25.05.2017 ISSUED BY 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE DELAY-ANALYSIS REPORTS BEARING NO.PIU/TVM/KSUDP/URT/2016/2019 DATED 15.02.2016 IN RESPECT OF THE COMPLETED AND DELIVERED PROJECTS.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 15.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 04.07.2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 05.09.2018 SUBMITTED BY THE PETITIONER.
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 07.09.2018 RECEIVED FROM THE 3RD RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE 3RD NOTICE ISSUED UNDER SECTION 13(2) OF SARFAESI ACT DATED 20.09.2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P12 TRUE COPY OF THE LETTER DATED 01.11.2018 SENT BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P13 TRUE COPY OF THE LETTER DATED 08.11.2018 SENT BY THE PETITIONER TO THE 3RD RESPONDENT WP(C).No.12035 OF 2020(D) 4 EXHIBIT P14 TRUE COPY OF THE LETTER DATED 20.11.2018 SENT BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P15 TRUE COPY OF THE LETTER DATED 30.11.2018 SENT BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P16 TRUE COPY OF THE LETTER DATED 07.12.2018 SENT BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P17 TRUE COPY OF THE LETTER DATED 18.12.2018 SENT BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P18 TRUE COPY OF THE REPLY DATED 27.12.2018 OF 3RD RESPONDENT EXHIBIT P19 TRUE COPY OF THE SAID LETTER DATED 13.05.2019 SUBMITTED TO THE BANK EXHIBIT P20 TRUE COPY OF THE SAID LETTER DATED 20.05.2019 OF THE 3RD RESPONDENT EXHIBIT P21 TRUE COPY OF THE ORDER OF THE LEARNED DEBT RECOVERY TRIBUNAL DATED 21.03.2020 DISMISSING SA NO.144 OF 2019 EXHIBIT P22 TRUE COPY OF THE NOTICE ISSUED THROUGH ADVOCATE COMMISSIONER ON BEHALF OF BANK TO THE PETITIONER DATED 29.04.2020