IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
OP (DRT) NO. 52 OF 2021
AGAINST THE ORDER/JUDGMENT IN OA 106/2018 OF DEBT RECOVERY
TRIBUNAL, ERNAKULAM
PETITIONERS:
1 SREEKUMARI E.
AGED 49 YEARS, W/O. G.THANKARAJAN,
RATHI BHAVAN, AYANIMOODU, PALLICHAL P.O.,
THIRUVANANTHAPURAM.
2 G.THANKARAJAN
RATHI BHAVAN, AYANIMOODU, PALLICHAL P.O.,
THIRUVANANTHAPURAM
BY ADV P.SHRIHARI
RESPONDENT:
THE AUTHORISED OFFICER,
INDIAN OVERSEAS BANK,
ARALUMOODU BRANCH, MNC 1/282A,
SULAIKHA COMPLEX, VAZHIMUKKU JN.,
BALARAMAPURAM P.O., THIRUVANANTHAPURAM,
PIN-695 501
BY ADVS.
SRI.SUNIL SHANKER
SMT.VIDYA GANGADHARAN
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(DRT) No.52/2021 2
JUDGMENT
The learned counsel appearing for the petitioners would submit that this Original Petition was filed at a time when there was no regular sitting at the Debts Recovery Tribunal, Ernakulam. It is submitted that this Court by interim order dated 30-04-2021, directed that any sale in respect of the petitioner's property shall be deferred by a period of 1 month. It is submitted that the Securitisation Application filed by the petitioners as S.A.No.140/2021 is now listed for consideration on 29-08-2022. It is prayed that the interim order granted by this Court may be continued till 29-08-2022.
2. The learned Standing Counsel appearing for the respondent bank would submit that the interim order in question need not be extended as requested by the learned counsel for the petitioners as the sale which was subject matter of that order had not taken place. It is submitted that the sale did not fructify for want of bidders. O.P(DRT) No.52/2021 3
3. Taking note of the submissions of the learned counsel for the petitioners and the learned Standing Counsel for the respondent bank, I am of the opinion that this O.P(DRT) can be closed leaving it open to the petitioners to pursue their remedies before the Debts Recovery Tribunal.
Sd/-
GOPINATH P.
JUDGE ats O.P(DRT) No.52/2021 4 APPENDIX OF OP (DRT) 52/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 13.11.2015 PURPORTEDLY ISSUED AS DEMAND NOTICE UNDER THE PROVISONS OF THE SARFAESI ACT ISSUED BY RESPONDENT EXHIBIT P2 TRUE COPY OF O.A.106/2018 (WITHOUT ANNEXURES) EXHIBIT P3 TRUE COPY OF SALE NOTICE DATED 09.04.2021 EXHIBIT P4 TRUE COPY OF S.A.NO.140/2021 ON THE FILE OF DRT-2, ERNAKULAM EXHIBIT P5 TRUE COPY OF I.A.FOR STAY IN S.A.140/2021 EXHIBIT P6 TRUE COPY OF I.A.FOR EARLY HEARING IN S.A.140/2021