28 October

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BEFORE THE HONOROUBLE HIGH COURT OF KERALA AT ERNAKULAM

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.A. No. of 2024 (Against the order dated 23-10-2024 of this Honourable Court in IA No.1/2024 in WP(Civil) No. 30885/2024) M/s. SARK Spice Produce Pvt. Ltd. & Anr. : Appellants/Applicants/Petitioners V/s Reserve Bank of India & Ors. : Respondents/Respondents/Respondents S Y N O P S I S The 1st petitioner is an MSME enterprise, which had availed credit facilities from the respondent-bank by mortgaging properties to the latter. Being an MSME-borrower, registered under the MSMED Act, 2006, the 1st petitioner/Micro enterprise was entitled to the benefits under the various statutory notifications and circulars issued by the MSME Ministry and the Reserve Bank of India,...

28 October

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Writ Appeal. No. In of 2024 W.P. (C) No. 41576 of 2023

Posted by Mathews J Nedumpara

in Petitions

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Writ Appeal No. In of 2024 W.P. (C) No. 41576 of 2023 (Against the Judgment dated 24-10-2024 of this Honourable Court in W.P. (C) No. 41576/2023) P.K. KRISHNA KUMAR & ANR : Appellants/Petitioners Vs. INDUSIND BANK & ORS : Respondents/Respondents S Y N O P S I S The impugned Judgment suffers from factual and legal errors, apparent on the face of it, warranting a review thereof. The appellant is the Proprietor of M/s. Powerplus Power Unit, Eda Kochi, which had availed of credit facilities from the 1st respondent’s branch at M.G Road, Ernakulam District. Being an MSME-borrower registered under the...

25 October

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No PIL can be filed as a private case but only as a representative proceedings

Posted by Mathews J Nedumpara

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No PIL can be filed as a private case but only as a representative proceedings Mathews J Nedumpara 25.10.2024 1. With the Supreme Court and High Courts entertaining PILs and sometimes instituting suo motu PILs and coming to the rescue of the common man against every form of injustice and corruption, the new jurisprudence evolved by the Supreme Court in the early 1980s became extremely popular. The scenario today is that Chief Ministers, nay, even the Prime Minister could be at the mercy of the PIL petitioners/the Court in the face of allegations of corruption which even CMs are not immune from. Still worse,...

23 October

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No recovery against MSMEs without attempt at revival as provided by law.

Posted by Mathews J Nedumpara

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No recovery against MSMEs without attempt at revival as provided by law. Mathews J Nedumpara 23.10.2024 Economists believe that in a decade or two India is going to be the world’s third largest economy. Our country, once starved for foreign exchange, now probably attracts more foreign exchange than any other country. The reason is the demographic advantage we have. Most of the developed world, Europe, Japan, China, are aging. We are the youngest country in the world in the sense that 60% of the population is within the ages of 20 to 60, the work force. However, many economists are not as optimistic as...

22 October

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Mullaperiyar Dam – Press Release: Supreme Court’s 2014 Judgment and the Doctrine of Res Judicata

Posted by Mathews J Nedumpara

in Open Letters

Mullaperiyar Dam - Press Release: Supreme Court's 2014 Judgment and the Doctrine of Res Judicata Mathews J Nedumpara 22.10.2024 The Supreme Court in the year 2014, in State of Tamil Nadu v. State of Kerala, held that the judgment of the 3-judge bench of the SC in the year 2006, that the dam is safe and that the water level can be raised to even 152 ft after carrying out certain safety work, is binding on the state of Kerala as “res judicata”. The court also held that the Kerala legislature has no power to undo a judicial decision. The court further held...

17 October

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The new lady justice statue unveiled by the Chief Justice

Posted by Mathews J Nedumpara

in blog|press, Blogs/Articles

The new lady justice statue unveiled by the Chief Justice Mathews J Nedumpara 17.10.202498205 35428.Was taken aback to find this news. I thought it had to be misreported. The statue of lady justice is no longer blindfolded inviting the derision from the common people that depicts the truth of Indian judiciary where the only true law is the face law. The sword is replaced by the constitution. The lawyers and litigants familiar of the working of the Supreme Court is fully aware that Article 32 and 137 has quite literally been erased from the constitution inasmuch invariably all 32 petitions, except...

15 October

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Writ Petition Filed in 2016 Against the Outdated and Barbaric Law of Contempt

Posted by Mathews J Nedumpara

in Petitions

Sub: To declare that the Contempt of Courts Act, 1971 is unconstitutional and void, or at least Sections 2(c)(i), 14, 16 and 17(5) thereof IN THE HIGH COURT OF KERALA IN ITS EXTRA-ORDINARY ORIGINAL JURISDICTION W. P.(C) NO. 14564OF 2016 Mathews J. Nedumpara … Petitioner Versus Union of India & Ors. ...

06 October

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Rejection of W.P (diary) no. 41768 of 2024 instituted by my humble self and 9 other citizens, lawyers and litigants, in challenge of the order dated 24.4.2024 of the Registrar, Judicial, dismissing W.P no. 1005 of 2022 seeking the abolition of the collegium and seeking restoration of the NJAC, an open, transparent, competitive, merit-based selection of the judges of the High Courts and Supreme Court, by de-registering the same. Complaint – reg.

Posted by Mathews J Nedumpara

in Open Letters

Hon’ble Mr. Justice Dr. D.Y Chandrachud Chief Justice of India May it please your Lordship, Sub: Rejection of W.P (diary) no. 41768 of 2024 instituted by my humble self and 9 other citizens, lawyers and litigants, in challenge of the order dated 24.4.2024 of the Registrar, Judicial, dismissing W.P no. 1005 of 2022 seeking the abolition of the collegium and seeking restoration of the NJAC, an open, transparent, competitive, merit-based selection of the judges of the High Courts and Supreme Court, by de-registering the same. Complaint – reg. 1. I address your Lordship with a heavy heart as one who has spent...

06 October

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Collegium, a fraud on the Constitution.

Posted by Mathews J Nedumpara

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Collegium, a fraud on the Constitution. Mathews J Nedumpara The judges of the SCI are appointed by the collegium of judges. The Collegium is unknown to our Constitution. The judges created it in 1993 by rewriting the Constitution. They had no authority to do so at all. It was a fraud played by a few powerful lawyers in Delhi on the Constitution. They did so to subserve their narrow, vested interests. Because an all powerful Supreme Court is extremely profitable for them. They could do so easily, taking advantage of the ignorance of the common man.They could effortlessly make the Parliament and...

06 October

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Corruption in Judiciary and the need to bring an urgent mechanism to deal with it.

Posted by Mathews J Nedumpara

in Blogs/Articles

Corruption in Judiciary and the need to bring an urgent mechanism to deal with it. Mathews J Nedumpara 1. One of my clients, an MSME, Perfect Infraengineers Ltd., engaged in the manufacture of Hybrid Thermal Solar Panels, received a call from one Ms. Mahi Bhatt on 23rd March, 2024, claiming to be representing the members of NCLT-I, Mumbai, demanding a bribe of Rs. 75 lakhs. The NCLT in the forenoon that day had adjourned an application under Section 7 of the IBC filed by a financial creditor, for pronouncement of orders. The caller informed by client that if the payment is not...

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