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2025 DAILYLAW 29021 (KAR)

SHARIEF MARINE PRODUCTS PVT LTD v. CANARA BANK

WP/18751/2021 · 2025-04-16

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:15841 WP No. 18751 of 2021 C/W WP No. 18780 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18751 OF 2021 (GM-RES) C/W WRIT PETITION NO. 18780 OF 2021 (GM-RES) IN WP No. 18751/2021 BETWEEN: 1. SHARIEF MARINE PRODUCTS PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING REGISTERED OFFICE AT D-NO. 13-2-150(3), 2ND FLOOR, LEFT WING, PIALANDS BUILDING, PM RAO ROAD, MANGALORE, KARNATAKA 575001. THROUGH ITS MANAGING DIRECTOR MR. IQBAL AHMED 2. MR. IQBAL AHMED AGED ABOUT 52 YEARS S/O. LATE. MR. M SHARIEF, R/O. H. NO. 697-A12, SHARIEF, NEAR KARIGUDDA, POST OFFICE, S L MATHIAS ROAD, FALNIR, MANGALORE 575001 3. SMT. MUMTAZ SAHUL AGED ABOUT 43 YEARS W/O. MR. IQBAL AHMED, R/O. H.NO. 697-A12, SHARIEF, NEAR KAPRIGUDDA POST OFFICE, SL MATHIAS ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15841 WP No. 18751 of 2021 C/W WP No. 18780 of 2021 FALNIR, MANGALORE 575001 4. SMT. ZUBAIDA BANU AGED ABOUT 69 YEARS W/O. LATE. P M SHARIEF, IQBAL MANSION, MAIN ROAD, SURATHKAL, MANGALORE 575014 5. SRI. RAGHAVENDRA BARVATHAYA AGED ABOUT 41 YEARS D. NO. 3-25-2117, RAYARKATTE, NEAR KADRI TEMPLE, MANGALORE 575002 6. MRS. SEEMA S (LEGAL HEIR OF LATE. GUARANTOR K RAMACHANDRA RAO) AGED ABOUT 41 YEARS D/O. LATE. K RAMACHANDRA RAO, H. NO. 3-75, PANJIKAL HOUSE, IRA POST AND VILLAGE BANTWAL, KARNATAKA 574301 7. SMT. NAGARATHNA (LEGAL HEIR OF LATE GUARANTOR K RAMACHANDRA RAO), W/O. LATE. K RAMACHANDRA RAO, H. NO. 3-75, PANJIKAL HOUSE, IRA POST AND VILLAGE BANTWAL, KARNATAKA 574301 8. MR. . GURUPRASAD K (LEGAL HEIR OF LATE. GUARANTOR K RAMACHANDRA RAO), S/O. LATE. K RAMACHANDRA RAO, H. NO. 3-75, PANJIKAL HOUSE, IRA POST AND VILLAGE BANTWAL, KARNATAKA-574301. …PETITIONERS (BY SRI. SHARIEF MARINE ., ADVOCATE-ABSENT) - 3 - NC: 2025:KHC:15841 WP No. 18751 of 2021 C/W WP No. 18780 of 2021 AND: CANARA BANK MID CORPORATE BRANCH, HAMPANKATTA, MANGALORE 575003. THROUGH ITS AUTHORIZED OFFICER …RESPONDENT (BY SMT. LATHA SHETTY., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN NATURE OF CERTIORARI SETTING ASIDE THE DECISION OF THE RESPONDENT CLASSIFYING PETITIONERS LOAN ACCOUNTS MOREFULLY DESCRIBED IN SCHEDULE A TO THE PETITION, AS NPA AS IT IS VIOLATIVE OF RBI CIRCULARS AND DIRECTIONS PASSED BY THE HONBLE SUPREME COURT AND ETC. IN WP NO. 18780/2021 BETWEEN: 1. IQBAL AHMED INFRA PROJECTS PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING REGISTERED OFFICE AT D-NO. 13-2-150(3), 2ND FLOOR, LEFT WING, PIALANDS BUILDING, PM RAO ROAD, MANGALORE, KARNATAKA 575001. THROUGH ITS MANAGING DIRECTOR MR. IQBAL AHMED 2. MR. IQBAL AHMED AGED ABOUT 52 YEARS S/O. LATE. MR. M SHARIEF, R/O. H. NO. 697-A12, SHARIEF, NEAR KARIGUDDA, POST OFFICE, SL MATHIAS ROAD, FALNIR, MANGALORE 575001 3. SMT. MUMTAZ SAHUL AGED ABOUT 43 YEARS W/O. MR. IQBAL AHMED, R/O. H.NO. 697-A12, SHARIEF, NAR KAPRIGUDDA POST OFFICE, - 4 - NC: 2025:KHC:15841 WP No. 18751 of 2021 C/W WP No. 18780 of 2021 SL MATHIAS ROAD, FALNIR, MANGALORE 575001 4. SMT. ZUBAIDA BANU AGED ABOUT 69 YEARS W/O. LATE. P M SHARIEF, IQBAL MANSION, MAIN ROAD, SURATHKAL, MANGALORE 575014 5. MRS. SEEMA S (LEGAL HEIR OF LATE. GUARANTOR K RAMACHANDRA RAO) D/O. LATE. K. RAMACHANDRA RAO, H. NO. 3-75, PANJIKAL HOUSE, IRA POST AND VILLAGE BANTWAL KARNATAKA 574301 6. 7. SMT. NAGARATHNA (LEGAL HEIR OF LATE GUARANTOR K RAMACHANDRA RAO), W/O. LATE. K RAMACHANDRA RAO, H. NO. 3-75, PANJIKAL HOUSE, IRA POST AND VILLAGE BANTWAL, KARNATAKA 574301 MR. GURUPRASAD K (LEGAL HEIR OF LATE GUARANTOR K RAMACHANDRA RAO), S/O. LATE. K RAMACHANDRA RAO, H. NO. 3-75, PANJIKAL HOUSE, IRA POST AND VILLAGE BANTWAL, KARNATAKA 574301 ...PETITIONERS (BY SRI. IQBAL AHMED, INFRA PROJECTS PVT. LTD.-ABSENT) AND: CANARA BANK MID CORPORATE BRANCH, HAMPANKATTA, MANGALORE 575003. THROUGH ITS AUTHORIZED OFFICER ...RESPONDENT (BY SMT. LATHA SHETTY ADVOCATE FOR C/R) - 5 - NC: 2025:KHC:15841 WP No. 18751 of 2021 C/W WP No. 18780 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN NATURE OF CERTIORARI SETTING ASIDE DECISION OF THE RESPONDENT CLASSIFYING PETITIONER LOAN ACCOUNTS,MORE FULLY DESCRIBED IN SCHEDULE A TO THE PETITION AS NPA AS IT IS VIOLATIVE OF RBI CIRCULARS AND DIRECTIONS PASSED BY THE HON’BLE SUPREME COURT AND ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners in W.P.No.18751/2021 are before this Court seeking for the following reliefs: i. To issue a writ or order in nature of certiorari setting aside the decision of the Respondent classifying petitioner’s loan accounts, morefully described in Schedule A to the petition, as NPA as it is violative of RBI circulars and directions passed by the Hon’ble Supreme Court; and ii. Issue an order in the form of a writ of mandamus, thereby directing the Respondent to restructure the loan accounts, more fully described in Schedule-A availed as per letter dated 04.01.2021 (Anenxure- O) iii. Quash and set aside the Notices dated 13.07.2021 bearing ref no. 8349/ROM/REC/2021/SARFA/ 296.125.15 (Annexure-Q) and 23.09.2021 bearing ref No. 02961250000015/ACK (Annexure-R) issued by the Respondent. iv. Pass such further/other orders that this Hon’ble Court may deem fit in the facts and circumstances of this case and the interest of justice, equity and good conscience. - 6 - NC: 2025:KHC:15841 WP No. 18751 of 2021 C/W WP No. 18780 of 2021 2. The petitioners in W.P.No.18780/2021 are before this Court seeking for the following reliefs: i. To issue a writ or order in nature of certiorari setting aside the decision of the Respondent classifying petitioner’s loan accounts, morefully described in Schedule A to the petition, as NPA as it is violative of RBI circulars and directions passed by the Hon’ble Supreme Court; and ii. Issue an order in the form of a writ of mandamus, thereby directing the Respondent to restructure the loan accounts, more fully described in Schedule-A availed as per letter dated 29.10.2020 (Anenxure-M) iii. Quash and set aside the Notices dated 13.07.2021 and 23.09.2021 (Annexure-R) issued by the Respondent. iv. Issue a writ setting aside the alleged sanction letter dated 21.09.2020 (Annexure-J) issued by the Respondent v. Pass such further/other orders that this Hon’ble Court may deem fit in the facts and circumstances of this case and the interest of justice, equity and good conscience. 3. Memo of retirement dated 17.3.2025 has been filed, signed by the learned counsel for the petitioner which reads as under; Memo for retirement in both petitions The advocate undersigned most humbly submits that the advocate is issuing NOC - 7 - NC: 2025:KHC:15841 WP No. 18751 of 2021 C/W WP No. 18780 of 2021 vakalathnama in the matter and returning the files to the petitioner. therefore, the advocate craves leave of this Hon’ble Court to retire from the captioned matter. Copy of email dated 17.3.2025 intimating the issuance of NOC vakalathnama and return of the files to the petitioners is produced herewith as Annexure-“A”. A copy of the letter dated 17.3.205 issued through RPAD handing over NOC Vakalathnama and files in W.P.No.18780/2021 is produced herewith as Annexure-“B”. Wherefor, it is most humbly prayed that this Hon’ble Court may be pleased to permit the advocate on vakalathnama to retire from the captioned matter and pass such further orders as this Hon’ble Court deems fit in the interest of justice and equity. 4. Accepting the said memo, Sri.Manu Prabhakar Kulkarni., learned counsel is discharged from the matter. Registry is directed to delete his name as that appearing for the petitioner. 5. Since, there is no appearance made by the petitioner despite the notice has been sent by counsel by registered post as also by email which has been confirmed that the delivery as per the Postal Tract Record. - 8 - NC: 2025:KHC:15841 WP No. 18751 of 2021 C/W WP No. 18780 of 2021 6. It appears that the petitioners are not interested in prosecuting the matter, the above petitions are dismissed as non-prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 39