Kerala High Court
M/S. Pdmc Industries vs Reserve Bank Of India on 27 December, 2024
WP(C) No.44147/2024 1/4 Order Date : 27-12-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Friday, the 27th day of December 2024 / 6th pousha, 1946
WP(C) NO. 44147 OF 2024
PETITIONERS:
1. M/S. PDMC INDUSTRIES, REPRESENTED BY ITS MANAGING PARTNER, BOBBY
ISAAC MATHEW, 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, AGED 53 YEARS RESIDING AT THAZHATHU
PULINGAPPALLIL, ATHIRAMPUZHA ROAD, ETTUMANOOR P.O, KOTTAYAM, PIN -
686631
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,
PIN-695033
4. CHAIRMAN, PRIME MINISTER'S TASK FORCE ON MSMES,PRIME MINISTER'S
OFFICE,SOUTH BLOCK, NEW DELHI, PIN-110001
5. CHAIRMAN, WORKING GROUP ON REHABILITATION OF SICK MSMES, RESERVE
BANK OF INDIA, MUMBAI, PIN-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, PIN-400005
7. BRANCH MANAGER, SOUTH INDIAN BANK, KOTTAYAM, 1ST FLOOR, REGENCY
SQUARE, K.K ROAD, COLLECTORATE P.O., KOTTAYAM, KERALA , PIN-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, PIN-680001
9. AUTHORISED OFFICER, SOUTH INDIAN BANK,REGIONAL OFFICE, KOTTAYAM, 1ST
FLOOR, REGENCY SQUARE, K.K ROAD, COLLECTORATE P.O., KOTTAYAM,
KERALA, PIN-686002
10. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF MICRO SMALL &
MEDIUM ENTERPRISES UDYOG BHAWAN, RAFI MARG, NEW DELHI, PIN-110001
11. SECRETARY, DEPT. OF BANKING, MINISTRY OF FINANCIAL
SERVICES,GOVERNMENT OF INDIA,3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD
MARG, NEW DELHI, PIN-110001
12. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001
WP(C) No.44147/2024 2/4 Order Date : 27-12-2024
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,
PIN-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,
PIN-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, PIN-400021
17. ANIL DHIRAJLAL AMBANI, SEA WIND, CUFF PARADE, MUMBAI, PIN-400005
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of exhibit p4 and p5 orders at the hands of
magistrate, pending disposal of the writ petition (civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. MARIA NEDUMPARA & SHAMEEM FAYIZ V.P., Advocates for the petitioner,
the court passed the following:
WP(C) No.44147/2024 3/4 Order Date : 27-12-2024
HARISANKAR V. MENON, J.
-----------------------------------------------------------------------
W.P.(C) Nos.37628, 39257, 44147 &
45166 of 2024
--------------------------------------------------------------
Dated this the 27th day of December, 2024
ORDER
This Court notices that the afore cases were specifically posted for consideration on 06.01.2025.
No urgency is pointed out in application under Section 8.
In such circumstances, post these writ petitions on 06.01.2025.
Sd/-
HARISANKAR V. MENON JUDGE hmh WP(C) No.44147/2024 4/4 Order Date : 27-12-2024 APPENDIX OF WP(C) 44147/2024 Exhibit P1 A COPY OF THE W.P.(L) NO. 30531/2024 BEFORE THE BOMBAY HIGH COURT, ALONG WITH ITS ANNEXURES Exhibit P2 A COPY OF THE ORDER DATED 23.10.2024 IN W.P.(L) NO.
30531/2024 BEFORE THE BOMBAY HIGH COURT Exhibit P3 A TRUE COPY OF THE ORDER DATED 27.11.2024 IN W.P. (L) NO.30600/2024 BEFORE THE BOMBAY HIGH COURT Exhibit P4 A COPY OF THE ORDER DATED 25/11/2024 IN MC 816/2024 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM Exhibit P5 A COPY OF THE ORDER DATED 27/11/2024 IN MC 830/2024 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM Exhibit P6 A CHART DETAILING VARIOUS PROCEEDINGS INITIATED BY THE PETITIONERS Exhibit P7 A TRUE COPY OF ORDER DATED 19.12.2023 IN I.A NO. 2429 OF 2021 IN CP(IB) NO. 3025/2019 OF THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH- I, Exhibit P8 A COPY OF THE ORDER DATED 17.10.2024 IN I.A NO.
1773/2024 IN CP(IB)/916(MB)/2020 OF THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH- I Exhibit P9 A COPY OF THE ORDER NOTICE DATED 16.12.2024 ISSUED BY THE ADVOCATE COURT COMMISSIONER