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. 279 OF 2022
PETITIONER/APPLICANT:
C.A. THOMAS
AGED 75 YEARS, S/O. LATE JOSEPH,
CHARALIL HOUSE, THODUPUZHA KARA,
THODUPUZHA VILLAGE, THODUPUZHA P.O., IDUKKI DISTRICT,
PIN - 685586
BY ADV NISHA JOHN
RESPONDENTS/DEFENDANTS:
1 THE AUTHORIZED OFFICER, THE SOUTH INDIAN BANK LTD.,
REGIONAL OFFICE, REGENCY SQUARE, K.K. ROAD,
KOTTAYAM COLLECTORATE P.O., KOTTAYAM., PIN - 686002.
2 JOJI MATHEW
AGED 48 YEARS, S/O. C.A. MATHEW,
CHARALIL HOUSE, THODUPUZHA KARA, THODUPUZHA VILLAGE,
THODUPUZHA P.O., IDUKKI DISTRICT., PIN - 685586.
3 MARIYAKUTTY
AGED 84 YEARS, W/O. LATE C.A. MATHEW,
CHARALIL HOUSE, THODUPUZHA KARA, THODUPUZHA VILLAGE,
THODUPUZHA P.O., IDUKKI DISTRICT., PIN - 685586.
4 BESSY BABY
AGED 58 YEARS, W/O. BABY MATHEW,
THEKKEVATTAKUNNEL HOUSE,NAGAPUZHA P.O.,
KALLOORKAD VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 686668.
5 RETTY JOJO
AGED 55 YEARS, W/O. JOJO,
THACHUPARAMBIL HOUSE, KRRA-127,EDAPPALLY P.O.,
COCHIN, ERNAKULAM DISTRICT, PIN - 682024.
O.P(DRT).No.279/2022 2
6 REENA LOYD
AGED 55 YEARS, W/O. LOYD, KOTTAPARAMBIL HOUSE,
LIG-3, FORT COCHIN,ERNAKULAM DISTRICT.,
PIN - 682001
7 SAIBY
AGED 53 YEARS, W/O. LATE JACOB [email protected] JAISON,
ODATHUPARAMBIL HOUSE, KANJIRAMATTAM EAST P.O.,
KARIKKODE, THODUPUZHA, IDUKKI DISTRICT,
PIN - 685605
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.279/2022 3
JUDGMENT
The petitioner has approached this Court being aggrieved by the fact that a certain extent of property belonging to the petitioner was brought to sale by the Bank to recover amounts due from the deceased brother of the petitioner, who according to the petitioner had encroached upon the property of the petitioner and had constructed a building. It is pointed out that there are civil proceedings between the petitioner and the family of his deceased brother regarding the same and the civil suit is pending. When this matter came up for consideration on 14-06-2022, I recorded the submission of the learned Standing Counsel for the respondent Bank as under.
"Taking note of the submission of the learned counsel for the respondent Bank that the property brought to sale does not include the property of the petitioner, this writ petition will stand adjourned to enable the respondent Bank to file a counter affidavit in the matter".
When this matter is taken up today, it is brought to my notice that the sale proposed to be held on 15-06-2022, O.P(DRT).No.279/2022 4 pursuant to Ext.P3 did not fructify. It is also pointed out that the petitioner has already approached the Debts Recovery Tribunal through a duly constituted Securitisation Application and therefore this Petition may be closed leaving it open to the petitioner to pursue his remedies before the Debts Recovery Tribunal.
Having regard to the facts and circumstances of the case this O.P(DRT) will stand closed leaving it open to the petitioner to raise all his contentions in the pending Securitisation Application before the Tribunal. The submission of the learned Standing Counsel that no property belonging to the petitioner has been brought to sale is recorded.
This O.P.(DRT) will stand closed as above.
Sd/-
GOPINATH P.
JUDGE ats O.P(DRT).No.279/2022 5 APPENDIX OF OP (DRT) 279/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THE HIGH COURT OF KERALA DATED 11.07.2019 IN WP(C) NO. 40137/2018 ALONG WITH MEDIATION AGREEMENT.
EXHIBIT P2 TRUE COPY OF THE SUIT DATED 07.06.2022 FILED BEFORE THE MUNSIFF'S COURT THODUPUZHA OS NO. 130/2022 EXHIBIT 3 TRUE COPY OF THE SALE NOTICE DATED 25.05.2022 PUBLISHED IN DEEPIKA DAILY DATED 27.05.2022 EXHIBIT P4 TRUE COPY OF THE SECURITIZATION APPLICATION PROCEEDINGS FILED BEFORE THE DEBT RECOVERY TRIBUNAL ON 10.06.2022.