OP(DRT).338/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
OP (DRT) NO. 338 OF 2021
PETITIONER/S:
1 SHAFEEK I
AGED 48 YEARS
S/O ISMAIL KUNJU, ROSE HOUSE, THEKKEMURI, VALLIKUNNAM,
ALAPPUZHA-690 501
2 SHAFINA,
AGED 38 YEARS
W/O SHAFEEK, ROSE HOUSE, THEKKEMURI, VALLIKUNNAM,
ALAPPUZHA-690 501
BY ADVS.
SADCHITH.P.KURUP
C.P.ANIL RAJ
RESPONDENT/S:
THE AUTHORISED OFFICER
INDIABULLS ASSET RECONSTRUCTION COMPANY LTD, REGISTERED
OFFICE AT INDIABULLS FIANCE CENTRE, 9TH FLOOR, TOWER-1
ELPHINSTINE ROAD, MUMBAI-400 013.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(DRT).338/21 2
JUDGMENT
This OP(DRT) was filed since the petitioners could not obtain any orders from the Debts Recovery Tribunal in the securitisation application filed by them as there was no regular sitting in the Tribunal.
2. When this matter is taken up for consideration today, the learned counsel appearing for the petitioners states that since regular sittings had commenced and since the securitisation application filed by the petitioners as Ext.P3 has now been numbered along with Ext.P4 stay application, the petitioners may be permitted to pursue their remedies before the Tribunal.
3. It is submitted that some breathing time may be granted to enable the petitioners to seek reliefs from the Tribunal. It is also pointed out that the petitioners have paid an amount of Rs.5 lakhs towards the loan liability on 26.7.2022.
Taking all the above facts into consideration, I am of the view that this original petition can be disposed of without hearing the 1 st respondent and permitting the petitioners to move the Tribunal for interim relief in the pending securitisation application. All coercive steps against the petitioners shall be kept in abeyance for a period of three weeks from today to enable the petitioners to seek appropriate reliefs from the Tribunal. I make it clear that I have not expressed any opinion on the merits of the case.
The original petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE okb/27.7 //True copy// P.S. to Judge OP(DRT).338/21 3 APPENDIX OF OP (DRT) 338/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER DATED 22.4.2021 PASSED IN MC NO 74/2021 Exhibit P2 TRUE COPY OF NOTICE DATED 7.12.2021 ISSUED BY ADVOCATE COMMISSIONER Exhibit P3 TRUE COPY OF SA WITH ID NO 10615/21 FILED BEFORE DRT-2 ERNAKULAM Exhibit P4 TRUE COPY OF STAY PETITION WITH ID NO 10617/21 FILED BEFORE DRT-2 ERNAKULAM