WP(C)/29232/2020 of C.K.SIBI Vs STATE BANK OF INDIA on 29 December 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942

WP(C).No.29232 OF 2020(D)

PETITIONER:

C.K.SIBIAGED 50 YEARSS/O C K KRISHNANKUTTY, CHANJAMATTATHIL HOUSE, FLAT NO 7D, VIJAYA GLIMPSES, JAWAHAR NAGAR, KADAVANTHRA, KOCHI-682020.

BY ADVS.SRI.P.K.SURESH KUMAR (SR.)SRI.RENJITH RAJAPPANSRI.SAM M.THOMAS

RESPONDENTS:

4C K VIJAYANFLAT NO 6A, VIJAYA GLIMPSES, JAWAHAR NAGAR, KADAVANTHRA, KOCHI-682020.

SAIRA THAMPIFLAT NO 7A, VIJAYA GLIMPSES, JAWAHAR NAGAR, KADAVANTHRA, KOCHI-682020

SRI.JITHESH MENON, STANDING COUNSEL FOR SBI

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

This writ petition is filed by the petitioner seeking the following reliefs:

i) a writ in the nature of mandamus, order or direction directing the 1[st]respondent to not finalise the OTS proposal of the loan accounts of the 4[th]respondent and late Mr.Thampi Krishna till the National Company LawTribunal, Kochi Bench resumes its functioning and sanctions the proposal.

ii) A writ in the nature of mandamus, order or direction directing the 2[nd]and 3[rd] respondent companies to refrain from paying any amounts to the1[st] respondent bank towards the loan account of 4[th] respondent and lateMr.Thampi Krishna unless the National Company Law Tribunal, Kochi Benchpermits to do so.

Iii) such other reliefs as this Honourable Court may deem fit and proper inthe facts and circumstances of the case.

2. Apparently the subject issue raised in this writ petition is a subject matter coming under the provisions of the Companies Act, 2013. It is alsoevident from the pleadings put forth that various company petitions arepending before the National Company Law Tribunal, Kochi Bench. Thecontention raised by the petitioner in this writ petition is that the NationalCompany Law Tribunal, Kochi Bench is not sitting at present and at that pointof time the State Bank of India, the 1[st] respondent herein, attempts to settle aloan transaction with the juncture of respondents 4 & 5.

3. In my considered opinion and taking into account the orders passed by the the National Company Law Tribunal, New Delhi dated 26.12.2020, eventhough the National Company Law Tribunal, Kochi Bench is not sitting, theNational Company Law Tribunal, Bangalore Bench is given the jurisdiction soas to deal with the matters of the Kochi Bench and since the subject matterentirely falls within the realm of the National Company Law Tribunal, it maynot be appropriate on the part of this Court to consider a part of the issue byand between the parties entertaining a writ petition under Article 226 of theConstitution of India.

Needless to say, writ petition fails, accordingly it is dismissed, leavingopen the liberty of the petitioner to approach the Tribunal in accordance withlaw.

smv

Sd/-

SHAJI P.CHALY

JUDGE

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1THE TRUE COPY OF THE INTERIM ORDER IN CP NO.48/KOB/2020 PASSED BY THE NATIONAL COMPANY LAW TRIBUNAL, KOCHI BENCH DATED 03.12.2020.NO.48/KOB/2020 PASSED BY THE NATIONAL COMPANY LAW TRIBUNAL, KOCHI BENCH DATED 03.12.2020.

EXHIBIT P2THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 11.12.2020.2ND RESPONDENT DATED 11.12.2020.

EXHIBIT P3

THE TRUE COPY OF THE NOTES ON AGENDA ITEMS DATED 17.12.2020.DATED 17.12.2020.

EXHIBIT P4THE TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 18.12.2020.PETITIONER TO THE 1ST RESPONDENT DATED 18.12.2020.

EXHIBIT P5THE TRUE COPY OF THE E- CIRCULAR ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 12.10.2020.THE PETITIONER TO THE 1ST RESPONDENT DATED 12.10.2020.

EXHIBIT P6THE TRUE COPY OF THE REPLY LETTER ISSUED BYTHE 1ST RESPONDENT DATED 21.12.2020.THE 1ST RESPONDENT DATED 21.12.2020.

EXHIBIT P7THE TRUE COPY OF THE DRAFT MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF THE 2ND RESPONDENT COMPANY HELD ON 19.12.2020.MEETING OF THE BOARD OF DIRECTORS OF THE 2ND RESPONDENT COMPANY HELD ON 19.12.2020.