Sulaiman.T.B vs Authorised Officer

Citation : 2022 Latest Caselaw 6792 Ker
Judgement Date : 14 June, 2022

Kerala High Court
Sulaiman.T.B vs Authorised Officer on 14 June, 2022
               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. 31 OF 2022
PETITIONER:

          SULAIMAN.T.B.,
          AGED 76 YEARS
          THACHAVALLATH HOUSE, EAST KADUNGALLOOR, UC COLLEGE
          P.O., ALUVA-683 102.

          BY ADVS.
          C.K.KARUNAKARAN
          R.B.BALACHANDRAN



RESPONDENTS:

    1     AUTHORISED OFFICER,
          BAJAJ FINANCE LTD., 2ND FLOOR, PUKALAKKAT CITY CENTRE,
          SIVADAS TOWERS, NEAR ALAPAT REGENCY, M.K.K. NAIR ROAD,
          PALARIVATTOM, COHIN-682 025.

    2     BAJAJ FINANCE LTD.,
          REGD. OFFICE, MUMBAI-PUNE ROAD, AKRUDI, PUNE,
          MAHARASHTRA-411 035.

    3     THE DEBTS RECOVERY TRIBUNAL (II),
          KERALA AND LAKSHADWEEP, 1ST FLOOR, KSHB BUILDING,
          PANAMPILLI NAGAR, COCHIN-682 036, REPRESENTED BY
          REGISTRAR.


OTHER PRESENT:

          ADV. PRADEESH CHACKO (SC)




     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.31/2022                    -2-


                                JUDGMENT

This original petition was filed at the time when there was no regular sitting at the Debts Recovery Tribunal, Ernakulam. It is now reported that the Debts Recovery Tribunal, Ernakulam has commenced regular sitting. This original petition will stand disposed of permitting the petitioner to move the Debts Recovery Tribunal, Ernakulam where S.A. No.50/2022 is pending for interim relief. The interim order granted by this court on 17-01-2022 will continue for a period of one month. I make it clear that the Tribunal will free to consider the matter in accordance with law and untrammeled by any observations contained in this judgment or the grant of the interim order dated 17-01-2022.

Sd/-

GOPINATH P.

JUDGE AMG O.P (DRT) No.31/2022 -3- APPENDIX OF OP (DRT) 31/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF HEIRSHIP CERTIFICATE DATED 03.02.2021. Exhibit P2 TRUE COPY OF NOTICE DATED 31.12.2021 ISSUED BY THE ADVOCATE COMMISSIONER.

Exhibit P3 TRUE COPY OF THE SECURITIZATION APPLICATION FILED BEFORE DRT II, ERNAKULAM., Exhibit P4 TRUE COPY OF JUDGMENT DATED 18.01.2021 IN WPC NO.1265 OF 2021.

Exhibit P5 TRUE COPY OF JUDGMENT DATED 07.08.2019 IN WA NO.1754 OF 2017.