OP(DRT).324/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
OP (DRT) NO. 324 OF 2022
AGAINST THE ORDER/JUDGMENTSA 210/2022 OF DEBT RECOVERY TRIBUNAL,
ERNAKULAM
PETITIONER/S:
SAJAYAN.V.V
S/O.VELAYUDHAN PILLAI
AGED 54 YEARS,T.C 28/834,
EDAVAMADAM LANE, PETTA.P.O.
THIRUVANANTHAPURAM DISTRICT - 695 024
BY ADVS.
SUMAN CHAKRAVARTHY
AMJATH A.R
RESPONDENT/S:
THE PUNJAB NATIONAL BANK,
PALKULANGARA BRANCH,
THIRUVANANTHAPURAM-695 024 REPRESENTED BY
ITS AUTHORISED OFFICER, PIN - 695024
BY ADV C.Ajith Kumar
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(DRT).324/22 2
JUDGMENT
Petitioner approached the Debts Recovery Tribunal-II, Ernakulam by filing S.A. No.210 of 2022 challenging proceedings initiated against the petitioner for recovery of amounts due under a housing loan. The petitioner also filed an interlocutory application for stay and the Tribunal, after considering the submissions of the petitioner, passed Ext.P3 order directing the petitioner to make payment of a total amount of Rs.8 lakhs in some instalments.
2. The learned counsel for the petitioner states that the petitioner is not in a position to comply with the conditions imposed in Ext.P3 interim order and the petitioner has, therefore, approached the Tribunal with Ext.P5 application for modification of the conditions upon which stay of proceedings has been granted.
3. The learned counsel appearing for the respondent bank vehemently opposes the grant of any relief to the petitioner. It is submitted that Ext.P3 order was an order passed on consent as is evident from a reading of Ext.P3. It is submitted that despite the fact that the said order was passed in the month of May 2022, even as on date, a copy of the securitisation application filed by the petitioner has not been served on the bank. It is submitted that, after obtaining an interim order from the Debts Recovery Tribunal, the petitioner purposefully did not take steps to ensure that the matter is not disposed of with notice to the bank. It is submitted that the OP(DRT).324/22 3 petitioner also failed to comply with the directions contained in the order and has remitted only a sum of Rs.3,45,090/-. It is submitted that, in the above facts and circumstances, the petitioner is not entitled to any relief from this Court.
4. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has complied with Ext.P3 order, at least in part, I deem it appropriate to dispose of the original petition directing the Debts Recovery Tribunal-II, Ernakulam to consider and pass orders on Ext.P5 application filed by the petitioner for modification of Ext.P3 order with notice to the petitioner and to the respondent bank within a period of six weeks from the date of receipt of a certified copy of this judgment. In order to enable the consideration of the matter by the Debts Recovery Tribunal as above, the petitioner as well as the respondent bank, through their respective counsel, shall mark appearance before the Tribunal on 30.8.2022, to which date the securitisation application filed by the petitioner has been listed for consideration. Taking note of the submission made by the learned counsel for the bank that a copy of the securitisation application and connected interlocutory applications has not been served to the respondent bank, it is directed that the petitioner shall serve a copy of the securitisation application and all connected interlocutory applications to the counsel appearing for the respondent bank in this Court forthwith. Till such time as orders are passed on Ext.P5 application as aforesaid, further coercive steps against the petitioner OP(DRT).324/22 4 shall be kept in abeyance. It is open to the petitioner to raise all legal contentions before the Tribunal.
The original petition is disposed of as above.
Sd/ GOPINATH P.
JUDGE okb/ //True copy// P.S. to Judge OP(DRT).324/22 5 APPENDIX OF OP (DRT) 324/2022 PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE APPLICATION FILED UNDER SECTION 14 OF THE SARFAESI ACT IN M.C NO.247/2022 BEFORE THE CJM COURT, THIRUVANANTHAPURAM BY THE RESPONDENT Exhibit-P2 A TRUE COPY OF THE ORDER DATED 21.03.2022 IN M.C NO.247/2022 BY THE CJM COURT, THIRUVANANTHAPURAM Exhibit-P3 A TRUE COPY OF THE PROCEEDINGS DATED 04.05.2022 IN S.A NO.210/2022 BY THE DRT-II ERNAKULAM Exhibit-P4 A TRUE COPY OF THE PASS BOOK OF THE PETITIONER EVIDENCING PAYMENTS UP TO 25.07.2022 Exhibit-P5 A TRUE COPY OF THE LETTER ADDRESSED TO THE ADVOCATE COMMISSIONER DATED 20.05.2022 Exhibit-P6 A TRUE COPY OF THE I.A 868/2022 IN S.A NO.210/2022 BEFORE THE DRT-II ERNAKULAM DATED 29.07.2022