IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
OP (DRT) NO. 169 OF 2021
SA 254/2021 OF DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM
PETITIONER :
GOPAKUMAR K.K.,
AGED 53 YEARS,
S/O.KARTHIKEYAN K.K., KAILAS, CHEMBAKAM VILLA,
KOTTUKAL P.O., THIRUVANANTHAPURAM - 695 501
BY ADVS.
K.M.ANEESH
K.SANTHOSH KUMAR (KALIYANAM)
ADARSH KUMAR
BIJU VARGHESE ABRAHAM
DILEEP CHANDRAN
SHASHANK DEVAN
RESPONDENTS :
1 STATE BANK OF INDIA,
SRESSED ASSETS RECOVERY BRANCH, LMS COMPOUND,
VIKAS BHAVAN P.O., REP.BY ITS AUTHORISED OFFICER
2 THE REGISTRAR,
DEBT RECOVERY TRIBUNAL-II, ERNAKULAM,
2ND FLOOR, HOUSING BOARD BUILDING,
PANAMPALLY NAGAR, ERNAKULAM - 682 036
SRI.P.GOPAL, SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 169 OF 2021
2
BECHU KURIAN THOMAS, J.
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O.P.(DRT) No.169 of 2021
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Dated this the 20th day of May, 2022
JUDGMENT
This original petition was preferred seeking to restrain all proceedings under the Securitisation and Reconstruction of Finaicial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') till the Tribunal considers the stay petition filed in SA.No.129/2021 pending before the said Tribunal.
2. On the date of admission, this Court had restrained the respondent bank from dispossessing the petitioner and the said order continues till date. The reason for preferring this original petition is alleged to be the absence of Presiding Officers of the Debts Recovery Tribunal. Petitioner's application filed as SA.No.254/2021 could not be taken up for obtaining interim orders due to the above reason. The absence, temporary or otherwise of a forum to adjudicate the grievance of the petitioner deprived him of his right of access to a court of law. It was in such circumstances OP (DRT) NO. 169 OF 2021 3 that this Court entertained the original petition.
3. Sri.P.Gopal, the learned Standing Counsel for the respondents pointed out that petitioner has been a defaulter of six loans and has been enjoying an unconditional stay for the last six years that too without paying any amount. According to the learned counsel for the respondents, since the Tribunal has now commenced its functioning, petitioner must be pursuing his remedies before the said Tribunal itself. Sri.K.M.Aneesh and Sri.Shashank Devan, the learned counsel for the petitioner submitted that petitioner can pursue his remedies before the Tribunal. It was also submitted that the various contentions raised by the petitioner before the Tribunal are meritorious and if the same is considered, the entire proceedings against the petitioner would be interfered with.
4. Having considered the submissions made as above, I am of the view that since the Tribunal has commenced its functioning, petitioner can be relegated to the said Tribunal itself to pursue his challenge in SA.No.129/2021. However, in view of the contentions raised by the learned counsel for the respondents, I am of the view that the interim order granted by this Court can continue for a further period of 45 days from today provided petitioner deposits an amount of Rs.10,00,000/- (Rupees Ten Lakhs OP (DRT) NO. 169 OF 2021 4 only) on or before 20.06.2022. Petitioner will be at liberty to move the Tribunal for obtaining appropriate interim orders in the pending Securitisation Application and if such applications are pursued, a decision thereon will be taken independently without reference to the present order granted by this Court.
The original petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM OP (DRT) NO. 169 OF 2021 5 APPENDIX OF OP (DRT) 169/2021 PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF NOTICE POSSESSION DATED 7.8.2021 ISSUED BY THE RESPONDENT BANK Exhibit P2 THE TRUE COPY OF S.A.NO.254/2021 FILED BEFORE THE DEBTS RECOVERY TRIBUNAL-2, ERNAKULAM RESPONDENTS' EXHIBITS :
Exhibit R1(a) COPY OF THE NOTICE ISSUED BY THE BANK DATED 23.03.2021 Exhibit R1(b) COPY OF THE SKETCH ISSUED BY THE VILLAGE OFFICER, KOTTUKAL Exhibit R1(c) COPY OF THE MEMORANDUM OF EXTENSION OF EQUITABLE MORTGAGE DATED 27.03.2015 Exhibit R1(d) COPY OF ANNEXURE A6 NOTICE AFFIXED ON THE OUTER WALL OF THE BUILDING OF THE MORTGAGED PROPERTY Exhibit R1(e) COPY OF ANNEXURE A6 NOTICE PUBLISHED IN KIERALA KAUMUDHI DAILY AND NEW SUNDAY EXPRESS DAILY DATED 08.08.2021.