Sanil Lal T vs Sundaram Bnp Paribas Home Finance ...

Citation : 2022 Latest Caselaw 6813 Ker
Judgement Date : 14 June, 2022

Kerala High Court
Sanil Lal T vs Sundaram Bnp Paribas Home Finance ... 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
                       WP(C) NO. 10412 OF 2021
PETITIONERS:

    1     SANIL LAL T.
          AGED 46 YEARS
          S/O. THANKAPPAN, VALUMANNIL THARAYIL, MAROOR P.O.,
          ADOOR THALUK, PATHANAMTHITTA

    2     SURYAKALA.S.
          W/O. SAMIL LAL.T., VALUMANNIL THARAYIL, MAROOR P.O.,
          ADOOR THALUK, PATHANAMTHITTA

          BY ADVS.
          E.M.MURUGAN
          SMT.K.R.LEKSHMI


RESPONDENT:

          SUNDARAM BNP PARIBAS HOME FINANCE LTD
          SUNDARAM TOWERS , 46, WHITES ROAD, CHENNAI-600014,
          REPRESENTED BY ITS AUTHORIZED OFFICER, ABU ROASHAN
          MATHEW, AREA OFFICE, 2ND FLOOR, ELIZABETH ALEXANDER
          MEMORIAL BUILDING, MARINE DRIVE, OPP RAINBOW BRIDGE,
          ERNAKULAM-682 031

          BY ADV SRI.VARGHESE C.KURIAKOSE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.10412/2021                    -2-

                                 JUDGMENT

This writ 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 court by an interim order dated 23-04-2021 granted stay of coercive steps against the petitioners on condition that a sum of Rs.3,00,000/- is paid within a period of three weeks from that date. It is reported by the learned Standing counsel appearing for the respondent bank that the said amount was not paid, even though extension of time was granted by this court. Taking note of the submission as above this writ petition will stand disposed of enabling the petitioners to move the Debts Recovery Tribunal, Ernakulam where S.A. No.139/2021 is pending at the instance of the petitioners. To enable the petitioners to such interim relief from the Debts Recovery Tribunal, further coercive steps shall stand stayed 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.

Sd/-

GOPINATH P.

JUDGE AMG W.P (C) No.10412/2021 -3- APPENDIX OF WP(C) 10412/2021 PETITIONER EXHIBITS EXHIBIT P1 DISCHARGE SUMMARY DATED 18.05.2020 EXHIBIT P2 PETITION IN MC 67/2020 ON THE FILES OF CJM COURT PATHANAMTHITTA EXHIBIT P3 ORDER DATED 18.03.2020 IN MC 67/2020 ON THE FILES OF CJM COURT PATHANAMTHITTA EXHIBIT P4 NOTICE DATED 24.03.2021 ISSUED BY ADVOCATE COMMISSIONER EXHIBIT P5 SA NO.139/2021