IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
OP (DRT) NO. 285 OF 2022
AGAINST THE ORDER IN I.A.NO.1004 AND I.A.NO.1120 OF 2022 IN SA 129/2022
OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONERS/APPLICANTS 1 AND 2:
1 PAULSON JOSEPH
AGED 52 YEARS, S/O. M.M. JOSEPH,
PARTNER M/S. CAPTAIN FISHER REGENCY,
MLAKUZHIYIL HOUSE, SANKARAPILLY KARA,
MUTTOM VILLAGE, IDUKKI - 685 587.
2 JOSEPH MATHAI
AGED 84 YEARS, S/O. MATHAI,
MLAKUZHIYIL HOUSE, SANKARAPILLY KARA,
MUTTOM VILLAGE, IDUKKI - 685 587.
BY ADVS.
M.NARENDRA KUMAR
HARSHADEV M.
RESPONDENTS/DEFENDANT AND 3RD APPLICANT:
1 THE AUTHORISED OFFICER
THE SOUTH INDIAN BANK LTD, REGIONAL OFFICE,
REGENCY SQUARE, K.K. ROAD, KOTTAYAM COLLECTORATE. P.O.,
KOTTAYAM - 686 002, PIN - 686002.
2 BENNY M.J.
AGED 56 YEARS, S/O. M.M. JOSEPH,
MLAKUZHIYIL HOUSE, SANKARAPILLY KARA,
MUTTOM VILLAGE, IDUKKI - 685 587.
BY ADV K.K.JOHN
OTHER PRESENT:
SRI. SUNIL SHANKAR (SC)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(DRT).No.285/2022 2
JUDGMENT
The petitioners have approached this Court being aggrieved by the fact that an Advocate Commissioner appointed by the Chief Judicial Magistrate Court has issued notice proposing to take physical possession of the petitioner's property on 28-06-2022, at a time when the Securitisation Application and the Stay petition filed by the petitioners are listed to be considered on 29-06-2022.
2. Having regard to the above fact and after hearing the learned Standing Counsel for the respondent Bank, I am of the opinion that this O.P(DRT) can be disposed of directing that the taking of physical possession of the petitioner's property shall be deferred till 30-06-2022, to enable the petitioners seek reliefs from the Tribunal. I make it clear that the I have not expressed any opinion on the merits of the matter and it will be open to the Tribunal to decide any application filed by the petitioners in accordance with law.
Sd/-
GOPINATH P.
JUDGE ats O.P(DRT).No.285/2022 3 APPENDIX OF OP (DRT) 285/2022 PETITIONER EXHIBITS Exhibit 1 TRUE COPY OF THE STATEMENT OF ACCOUNT FOR PERIOD FROM 28.8.2019 TO 03.01.2022 AS PER ACCOUNT NO. 0326752000000778 FOR AN AMOUNT OF RS.4,60,00,000.
Exhibit-P2 TRUE COPY OF THE STATEMENT OF ACCOUNT FOR PERIOD FROM 29.8.2019 TO 03.01.2022 AS PER ACCOUNT NO. 0325652000000780 FOR AN AMOUNT OF RS.87,50,000.
Exhibit-P3 TRUE COPY OF THE STATEMENT OF ACCOUNT FOR PERIOD FROM 27.07.2020 TO 01.01.2022 AS PER ACCOUNT NO. 0325656000000326 FOR AN AMOUNT OF RS.1,08,90,000/-.
Exhibit-P4 TRUE COPY OF THE NOTICE DATED 17.05.2021 ISSUED BY THE RESPONDENT BANK UNDER SECTION 13(2) OF THE SARFAESI ACT.
Exhibit -P5 TRUE COPY OF THE NOTICE DATED 29.12.2021 ISSUED BY THE RESPONDENT BANK.
Exhibit-P6 TRUE COPY OF THE JUDGMENT DATED 22.03.202 IN W.P. (C ) NO. 6040 OF 2022.
Exhibit-P7 TRUE OF THE S.A. NO. 129 OF 2022 FILED BY THE PETITIONERS BEFORE THE DEBT RECOVERY TRIBUNAL - II , ERNAKULAM.
Exhibit-P8 TRUE COPY OF THE ORDER DATED 12.04.2022 IN M.C. NO. 200 OF 2022 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA. Exhibit-P9 TRUE COPY OF THE INTERIM REPORT DATED 20.05.2022 IN MC NO. 200 OF 2022 FILED BY THE ADVOCATE COMMISSIONER.
Exhibit 10 TRUE COPY OF THE ADVANCEMENT OF HEARING ( I.A. 1004 OF 2022) DATED 17.05.2022 ON S.A. 129 OF 2022.
O.P(DRT).No.285/2022 4Exhibit 11 TRUE COPY OF THE STAY PETITION I.A.NO.1120/22 IN S.A. 129 OF 2022 Exhibit -P12 TRUE COPY OF THE PROCEEDINGS DATED 01.06.2022 IN S.A. NO. 129 OF 2022 Exhibit-P13 TRUE COPY OF THE NOTICE DATED 09.06.2022 ISSUED BY THE ADV. COMMISSIONER TO THE PETITIONERS Exhibit-P14 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KRISHI BHAVAN MUTTOM, THODUPZHA DATED 25.03.2022 Exhibit-P15 TRUE COPY OF THE LOAN ACCOUNT NO.
0325652000000780 EVIDENCING THE REMITTANCE OF RS.50 LAKHS ON 6.6.2022.