IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
OP (DRT) NO. 184 OF 2022
AGAINST THE ORDER IN SA 324/2021 OF DEBT RECOVERY TRIBUNAL,
ERNAKULAM
PETITIONERS:
M/S. J & J GRANITES AND MARBLES,
M.C. ROAD, KUMARANELLOOR, KOTTAYAM, REPRESENTED BY
PARTNER JOHNEY JOSEPH, AGED 52 YEARS, S/O. JOSEPH,
NEERACKAL HOUSE, BHARANANGANAM P.O., KOTTAYAM-686578.
BY ADV BIJUMON.E.A
RESPONDENTS:
1 THE SOUTH INDIAN BANK LTD.,
REPRESENTED BY THE AUTHORIZED OFFICER, REGIONAL OFFICE,
FIRST FLOOR, REGENCY SQUARE, COLLECTORATE P.O.,
KOTTAYAM-686002.
2 THE DEBTS RECOVERY TRIBUNAL-II,
ERNAKULAM, 1ST FLOOR, KSHB OFFICE COMPLEX, PANAMPILLY
NAGAR, COCHIN-682036, REPRESENTED BY ITS REGISTRAR.
BY ADV SUNIL SHANKER
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) No.184/2022 -2-
JUDGMENT
The petitioner seeks to withdraw this original petition with liberty to pursue his remedies before the Debts Recovery Tribunal in S.A. No.324/2021.
Heard the learned Standing Counsel for the 1st respondent bank also. Having regard to the submission made by the learned counsel for the petitioner, this original petition will stand disposed of permitting the petitioner to pursue his remedies before the Debts Recovery Tribunal in the securitization application mentioned above. To enable the petitioner to seek relief from the Tribunal the status-quo as on today shall be maintained for a period of one week from today. It is made clear that no further extension of time will be granted to the petitioner, taking note of the fact that the petitioner has not complied with the interim order dated 28-02-2022 which directed to payment of Rs.1.50 Crores as a condition for stay on or before 30-03-2022 and despite the fact that the time for payment was extended by order dated 24-05-2022 till 30-06-2022. I make it clear that the Tribunal will be free to decide the matter on merits and untrammeled by the fact that this court had passed earlier interim orders in favour of the petitioner and also untrammeled by any observations contained in this judgment.
Sd/-
GOPINATH P.
JUDGE AMG OP (DRT) No.184/2022 -3- APPENDIX OF OP (DRT) 184/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REQUEST LETTER DATED 18/03/2021 SUBMITTED TO THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE REQUEST LETTER SENT BY THE PETITIONER DATED 07/05/2021.
Exhibit P3 TRUE COPY OF THE REQUEST LETTER DATED 02/06/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE SECTION 13(2) NOTICE ISSUED BY 1ST RESPONDENT DATED 25/06/2021.
Exhibit P5 TRUE COPY OF THE REQUEST LETTER SENT BY THE PETITIONER DATED 14/07/2021.
Exhibit P6 TRUE COPY OF THE PAYMENT EXTRACT DATED 01/03/2021 TO 24/03/2021.
Exhibit P7 TRUE COPY OF THE OBJECTION UNDER SECTION 13(3A) DATED 30/07/2021.
Exhibit P8 TRUE COPY OF THE REPLY FOR THE OBJECTION SUBMITTED BY THE PETITIONER DATED 27/08/2021.
Exhibit P9 TRUE COPY OF THE RULE 8(1) NOTICE DATED 22/09/2021. Exhibit P10 TRUE COPY OF THE PAPER PUBLICATION OF RULE 8(1) NOTICE DATED 24/09/2021 IN DEEPIKA NEWSPAPER. Exhibit P11 TRUE COPY OF THE SA NO.324/2021 DATED 08/11/2021. Exhibit P12 TRUE COPY OF THE STAY PETITION NO.1533/2021 DATED 08/11/2021.
Exhibit P13 TRUE COPY OF E-COURT STATUS OF THE SA NO.324/2021. Exhibit P14 TRUE COPY OF NOTICE ISSUED BY ADVOCATE COMMISSIONER DATED 17/02/2022.