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. 70 OF 2021
AGAINST THE ORDER IN SA 90/2021 OF DEBT RECOVERY TRIBUNAL,
ERNAKULAM
PETITIONERS/APPLICANTS:
1 ABHILASH T.P.
AGED 36 YEARS
S/O.PRABHAKARAN, PROPRIETOR, M/S.H.R.HARDWARE SHOP, 18/796C,
PUTHIRITHARA JUNCTION, THRISSUR ROAD, PAZHAYANNUR,
THALAPPILLY TALUK, THRISSUR DISTRICT 680 587.
2 T.R.PRABHAKARAN
AGED 68 YEARS
S/O.RAMAN, THEKKEPATTU HOUSE, PAZHAYANNUR, THALAPPILLY
TALUK, THRISSUR DISTRICT 680 587.
3 GEETHAMBIKA
AGED 65 YEARS
W/O.T.R.PRABHAKARAN, THEKKEPATTU HOUSE, PAZHAYANNUR,
THALAPPILLY TALUK, THRISSUR DISTRICT 680 587.
BY ADV LATHEESH SEBASTIAN
RESPONDENTS/DEFENDANTS:
1 CANARA BANK
REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE,
KOORKANCHEERY, THRISSUR DISTRICT 682 007.
2 AUTHORISED OFFICER UNDER THE SARFAESI ACT
CANARA BANK, REGIONAL OFFICE, KOORKANCHEERY, THRISSUR
DISTRICT 682 007.
3 BRANCH MANAGER
CANARA BANK, CHELAKKARA BRANCH, THRISSUR DISTRICT 680 586
BY ADVS.
ISAC T.PAUL
JOHN NELLIMALA SARAI
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.70/2021 -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 court by an interim order dated 07-05-2021 granted stay of coercive steps against the petitioners on condition that a sum of Rs.5,00,000/- is paid within a period of one month from that date. It is reported by the learned Standing counsel appearing for the respondent bank that the said amount was paid, though belatedly and beyond the time granted by this court. Taking note of the submissions as above this original petition will stand disposed of enabling the petitioners to move the Debts Recovery Tribunal, Ernakulam where S.A. No.90/2021 is pending at the instance of the petitioners. To enable the petitioners to obtain interim relief from the Debts Recovery Tribunal and taking note of the fact that an amount of Rs.5,00,000/- has been paid as directed by this court, the interim order granted by this court 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.
Sd/-
GOPINATH P.
JUDGE AMG O.P (DRT) No.70/2021 -3- APPENDIX OF OP (DRT) 70/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENTS DATED 13.1.2021 EXHIBIT P2 TRUE COPY OF THE SECURITISATION APPLICATION IN S.A.NO.90/2021 OF DRT-II, ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE STAY PETITION IN I.A.NO.414/2021 IN S.A.NO.90/2021