Wp(C)/5168/2022 Of M/S Surabhi Woods v. The Principal Commissioner Of Income Tax -Central

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 31 DAY OF MAY 2022 / 10TH JYAISHTA, 1944WP(C) NO. 5168 OF 2022 PETITIONER: M/S SURABHI WOODS, DOOR NO. 19/557, 19/558 AND 19/559 , NEAR RAILWAY STATION, ANGAMALY P.O, ERNAKULAM, PIN 683 572, REPRESENTED BY ITS MANAGING PARTNER, SHIBU AUGUSTINE. BY ADV L.RAJESH NARAYAN RESPONDENT: 1THE PRINCIPAL COMMISSIONER OF INCOME TAX -CENTRAL.,6TH FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD, COCHIN - 682 011.6TH FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD, COCHIN - 682 011. 2THE TAX RECOVERY OFFICER- CENTRAL, 5TH FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD,COCHIN - 682 011.5TH FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD,COCHIN - 682 011. 3THE DEPUTY COMMISSIONER OF INCOME TAX,OFFICE OF THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, ERNAKULAM, ALFA LIZA BUILDING, NEAR AMBADY CHAMBERS, OPPOSITE SRV L.P. SCHOOL, CHITTOOR ROAD, KOCHI 682 011. 4V.P. RASHEED, AGED 63 YEARSS/O. PAREED KHAN, PROPRIETOR, M/S. E-ORIENTAL TIMBERS, N.H. BYEPASS, OPP. CHAITHANYA MARBLES, EDAPPALLY,KOCHI 682 024. 5THE AUTHORISED OFFICER, SOUTH INDIAN BANK, REGIONAL OFFICE VI/950-C&D, AKP CENTRE, CHRIST COLLEGE ROAD, CHRIST NAGAR, IRINJALAKUDA-680 125 6CHIEF MANAGER, SOUTH INDIAN BANK, REGIONAL OFFICE, VI/950-C&D, AKP CENTRE, CHRIST COLLEGE ROAD, CHRIST NAGAR, IRINJALAKUDA-680 125BY ADVS.P.K.RAVINDRANATHA MENON (SR.)M.S.UNNIKRISHNANSUNIL SHANKERKEVIN VARGHESE JACOBJOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALAK.SUNILALEENA MARIA JOSEM.ARDRA KRISHNANKRISHNENDU.D THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: J U D G M E N T When this matter is taken up for consideration today, the learnedStanding Counsel appearing for the respondents 5 and 6 would submit thatthe entire loan account has been settled and respondents 5 and 6 arewithdrawing the proceedings initiated under the SARFAESI Act. In the light of the above submission this Writ Petition will stand closed. Sd/-GOPINATH P.JUDGE ats PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 17.6.2017 IN I.A. NO. 1880/2017 IN O.S. NO. 98/2017 OF THE HON'BLE SUB COURT, ERNAKULAM. Exhibit P2TRUE COPY OF THE LIST OF PROPERTIES ATTACHED DTD. 10.04.2017.ATTACHED DTD. 10.04.2017. Exhibit P3TRUE COPY OF THE AWARD DATED 4.12.2019. Exhibit P4TRUE COPY OF THE EXECUTION PETITION DATED 5.6.2020.5.6.2020. Exhibit P5TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 24.9.2020.DATED 24.9.2020. Exhibit P6 Exhibit P7 TRUE COPY OF THE NOTICE DATED 10.09.2021.TRUE COPY OF THE GUARANTEE INVOCATION LETTER DATED 30.09.2021TRUE COPY OF THE GUARANTEE INVOCATION LETTER DATED 30.09.2021 Exhibit P8 TRUE COPY OF THE REGISTERED NOTICE DATED 30.09.2021.30.09.2021. Exhibit P9 TRUE COPY OF THE ORDER DATED 26.09.2016. Exhibit P10 Exhibit P11 TRUE COPY OF THE REQUEST DATED 8.10.2020.TRUE COPY OF THE LETTER OF INTEREST DATED 19.10.2021.TRUE COPY OF THE LETTER OF INTEREST DATED 19.10.2021. Exhibit P12TRUE COPY OF THE NOTICE ISSUED UNDER S. 13(2) DATED 3.11.2021.13(2) DATED 3.11.2021. Exhibit P13TRUE COPY OF THE REPLY TO EXT. P12 SUBMITTED BY THE PETITIONER. Exhibit P14TRUE COPY OF THE JUDGMENT DATED 23.11.2021IN WPC NO. 23021/2021.IN WPC NO. 23021/2021. Exhibit P15TRUE COPY OF THE ORDER DATED 10.01.2022 OFTHE 1ST RESPONDENT. Exhibit P16 TRUE COPY OF THE POSSESSION NOTICE DATED 8.2.2022.