IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
OP (DRT) NO. 264 OF 2022
AGAINST THE ORDER IN SA 305/2021 OF DEBT RECOVERY TRIBUNAL,
ERNAKULAM
PETITIONER/APPLICANT:
BINU S S
AGED 49 YEARS
S/O. LATE SUDHAKARAN
SREE VIHAR, PUZHUMTHURUTH
PERUMON PO, KOLLAM , PIN - 691601
BY ADVS.
SADCHITH.P.KURUP
C.P.ANIL RAJ
RESPONDENTS/DEFENDANTS:
1 STATE BANK OF INDIA
ANANDAVALLESWARAM BRANCH
GANGA BUILDING, THEVALLY PO
KOLLAM REP. BY ITS BRANCH MANAGER, PIN - 691009
2 THE AUTHORISED OFFICER
STATE BANK OF INDIA
STRESSED ASSET RECOVERY BRANCH
LMS COMPOUND, OPP. MUSEUM WEST GATE
VIKAS BHAVAN PO, THIRUVANANTHAURAM , PIN - 695033
BY ADV TOM K.THOMAS
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P (DRT) No.264/2022 -2-
JUDGMENT
This original petition was filed stating that no orders have been passed on the petitioner's application for modification of Ext.P5 interim order. Through Ext.P5 interim order, the coercive steps initiated against the petitioner were directed to be kept in abeyance on condition that the petitioner deposits in total a sum of Rs.20,00,000/-on or before 30-05-2022 in two installments. This court while considering the original petition on 10-05-2022 directed that the taking of possession of the secured assets shall be deferred till 19-05-2022 on condition that the petitioner pays a sum of Rs.5,00,000/- on or before 19-05-2022. Today when the matter is taken up for consideration it is the submission of the learned counsel for the petitioner that the petitioner will be in a position to comply with Ext.P5 interim of the Debts Recovery Tribunal, Ernakulam on or before 30-06-2022. Taking note of the above submission and taking into consideration of the fact that an amount of Rs.5,00,000/- directed to be paid by this court through order dated 10-05-2022 has already been paid, the taking of possession of the secured assets shall stand deferred till 01-07-2022. If the petitioner pays the amount directed to be paid by the Debts Recovery Tribunal in Ext.P5 on or before 30-06-2022, that shall be treated as full compliance of the order passed by the Debts Recovery Tribunal. This original petition will stand disposed of as above.
Sd/-
GOPINATH P.
JUDGE AMG O.P (DRT) No.264/2022 -3- APPENDIX OF OP (DRT) 264/2022 PETITIONER EXHIBITS Exhibit p1 TRUE COPY OF SA NO. 305/2021 FILED BY PETITIONER BEFORE DRT-2, ERNAKULAM ON 09.11.2021 Exhibit p2 TRUE COPY OF STAY PETITION DT. 9.11.2021 FILED BY PETITIONER IN SA305/2021 IN IA NO. 1470/2021 Exhibit p3 TRUE COPY OF THE AMENDMENT APPLICATION FILED BY THE PETITIONER IN SA NO. 305/2021 IN I.A. NO. 671/2022 DATED 13.04.2022.
Exhibit p4 TRUE COPY OF THE INTERLOCUTORY APPLICATION DATED 13/4/22 FILED AS I.A NO. 672/2022.
Exhibit p5 TRUE COPY OF THE PROCEEDINGS BY THE TRIBUNAL ORDERED THE PETITIONER TO DEPOSIT AN AMOUNT DATED 07.06.2022.
Exhibit p6 TRUE COPY OF THE MODIFICATION PETITION OF ORDER DATED 18/4/22 FILED BY THE PETITIONER ON 30/4/22 Exhibit p7 TRUE COPY OF THE ADVANCE PETITION FILED BY THE APPLICANT DATED 30/4/22