SOUTH INDIAN BANK Vs. PDMC INDUSTRIES

JUDGEMENT

(1.) The 2nd respondent in W.P.(C)No.5466 of 2025 has filed this writ appeal, invoking the provisions under Sec. 5(i) of the Kerala High Court Act, 1958, challenging the judgment dtd. 6/8/2025 of the learned Single Judge in that writ petition, which was one filed by respondents herein-petitioners, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following reliefs;

(2.) The interim relief sought for in W.P.(C)No.5466 of 2025 reads thus;

(3.) Going by the averments in the writ petition, the 1st petitioner M/s.PDMC Industries is a partnership firm engaged in metal crushing and M-sand production, having Udyam registration for Micro, Small and Medium Enterprise (MSME), on 27/11/2020, as per Ext.P1 Udyam registration certificate dtd. 17/8/2024, issued by the 1st respondent Ministry of Micro, Small and Medium Enterprises, Government of India. The 2nd petitioner M/s.PDMC Co-Rubber is a proprietary concern engaged in the business of rubber processing, having Udyam registration for MSME, on 27/11/2020, as per Ext.P2 Udyam registration certificate dtd. 17/8/2024. The 3rd petitioner is the Managing Partner of M/s.PDMC Industries and the proprietor of M/s.PDMC Co-Rubber. The details of the financial assistance/facilities availed by the 1st petitioner and the 2nd petitioner from the 2nd respondent South Indian Bank are stated in sub-paragraphs (A) and (B) of paragraph 2 of the statement of facts of W.P.(C)No.5466 of 2025. The details of the Kisan Credit Card overdraft facility availed by the 3rd petitioner and his brother Cyriac Mathew are stated sub-paragraph (C) of paragraph 2 of the statement of facts of the said writ petition. Along with the writ petition, the petitioners have placed on record Exts.P1 to P28(a) documents. The document marked as Ext.P3 is a copy of the notification dtd. 29/5/2015 issued by the 1st respondent Ministry, namely, the Framework for Revival and Rehabilitation of Micro, Small and Medium Enterprises; Ext.P4 is a copy of Reserve Bank of India [Lending to Micro, Small and Medium Enterprises (MSME) Sector] Directions, 2016; Ext.P8 is a copy of loan recall notice dtd. 19/4/2023 issued by the 2nd respondent Bank to petitioners 1 and 2 and also to Cyriac Mathew, after the issuance of Ext.P7 notice dtd. 12/4/2023, classifying the loan account of the 1st petitioner as Non-Performing Asset (NPA), with effect from 29/3/2023; Ext.P8(a) is a copy of loan recall notice dtd. 2/5/2023 in respect of the loan availed by the 2nd petitioner; Ext.P8(b) is a copy of loan recall notice dtd. 2/5/2023 in respect of the loan availed by the 3rd petitioner and his brother Cyriac Mathew; Ext.P23 is a copy of order dtd. 25/11/2024 of the Chief Judicial Magistrate Court in in M.C.No.816 of 2024 in a petition filed by the 2nd respondent Bank, against the 1st petitioner, the 3rd petitioner, his wife Sunitha Sebastain and his brother Cyriac Mathew, invoking the provisions under Sec. 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SARFAESI Act), seeking the assistance of the court to take possession of the secured asset; Ext.P24 is a copy of the notice dtd. 16/12/2024 issued by the Advocate Commissioner appointed by Ext.P23 order; Ext.P25 is a copy of order dtd. 27/11/2024 of the Chief Judicial Magistrate Court in in M.C.No.830 of 2024 in a petition filed by the 2nd respondent Bank, against the 3rd petitioner, his wife Sunitha Sebastain and his brothers Cyriac Mathew and Sebastain Mathew, invoking the provisions under Sec. 14 of SARFAESI Act, seeking the assistance of the court to take possession of the secured asset; Ext.P26 is a copy of the notice dtd. 21/12/2024 issued by the Advocate Commissioner appointed by Ext.P25 order.