Kerala High Court
Master Adriel Bryan Cherian vs The Authorized Officer on 6 August, 2025
OP (DRT) NO. 194 OF 2024 1 2025:KER:58828
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 6th DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
OP (DRT) NO. 194 OF 2024
SA NO.750 OF 2023 OF DEBT RECOVERY TRIBUNAL,
ERNAKULAM
PETITIONER:
MASTER ADRIEL BRYAN CHERIAN, AGED 16 YEARS,
S/O. LATE GEORGE CHERIAN P. V.,FLAT NO. 421
EAST HILL APARTMENT, EAST HILL P. O.,
KOZHIKODE- 673005,REP BY GUARDIAN (VIDE ORDER
DATED 08.04.2022 OF THE DISTRICT & SESSIONS
COURT, KOZHIKODE IN GOP NO. 271/2021),
MS. CLARA SHIRLY FERNANDEZ, AGED 52 YEARS
(MATERNAL AUNT),W/O. THOMAS JEFFERSON CORREYA,
BLUE ROSE, MADURA BAZAR, B. C. ROAD,
CHERUVANNUR,FEROKE P. O., KOZHIKODE, PIN -
673631
BY ADVS. SHRI.HARISH ABRAHAM
SHRI.SHYAM PADMAN (SR.)
SHRI.C.M.ANDREWS
SMT.LAYA MARY JOSEPH
SMT.ASHWATHI SHYAM
SMT.SWATHY SUDHIR
SHRI. RAM MOHAN
SMT.BOBY M.SEKHAR
RESPONDENTS:
1 THE AUTHORIZED OFFICER,
STATE BANK OF INDIA, ASSET RECOVERY MANAGEMENT
BRANCH, ERNAKULAM, 1ST FLOOR, R.S. BUILDING,
OPP. MAHARAJA'S COLLEGE GROUND, M.G. ROAD,
OP (DRT) NO. 194 OF 2024 2 2025:KER:58828
ERNAKULAM, PIN - 682011
2 THE BRANCH MANAGER,
STATE BANK OF INDIA, EAST HILL BRANCH,
EAST HILL ROAD, WEST HILL, KOZHIKODE,
PIN - 673005
3 THE ASSISTANT GENERAL MANAGER,
STATE BANK OF INDIA, KALLAI HEIGHTS BUILDING,
KALLAI, KOZHIKODE, PIN - 673003
4 M/S. SBI LIFE INSURANCE COMPANY LTD.,
CENTRE T.C9/1094-1,3RD FLOOR, SASTHA
BUILDING,SASTHAMANGALAM,
THIRUVANANTHAPURAM,CENTRAL PROCESSING CENTRE:
7TH LEVEL (D WING) & 8TH LEVEL,SEAWOODS GRAND
CENTRAL, TOWER 2, PLOT NO. R-1,SECTOR 40,
SEAWOODS, NERUL NODE, THANE, NAVI MUMABI -
400706, PIN - 695010
5 THE DEBT RECOVERY TRIBUNAL,
OFFICE OF THE DEBT RECOVERY TRIBUNAL,KSHB
BUILDING, PANAMPILLY NAGAR,ERNAKULAM, PIN -
68203
BY ADV SHRI.TOM K.THOMAS FOR R1
SMT.SURYA BINOY, SR.GP
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
HEARING ON 06.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP (DRT) NO. 194 OF 2024 3 2025:KER:58828
JUDGMENT
The Original Petition is filed with the following prayers.
"I. To call for the records leading to the issuance of P19 notice and quash the same;
II. To direct the 5th Respondent to dispose of S.A. No.750/2023 in a time bound manner; III. To declare all measures initiated by the 1 st Respondent under Section 13(4) of the SARFAESI Act, 2002 are illegal, unauthorised and invalid, and quash the same;
IV. To restore the possession of the secured assets to the Petitioner;
V. To award compensation for the injury and hardships suffered by the Petitioner; VI. Declare that Ext P5 home loan amount is adjusted and closed by utilising the life insurance policy. VII. To quash Ext P9 application filed by the 2 nd Respondent.
VIII. To impose costs of the proceedings on the Respondents.
IX. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."
OP (DRT) NO. 194 OF 2024 4 2025:KER:58828 2 It is submitted by both sides that S.A.No.750/2023, preferred by the petitioner, is pending consideration before the Debts Recovery Tribunal-1, Ernakulam.
3. One of the disputes between the petitioner and the bank is that at the time of sanctioning of the loan, the bank had insisted on insuring the home loan by way of a Life Insurance Policy (SBI Life Premia) from the third respondent. The petitioner contends that the Life Insurance Policy was taken, hoping that it would protect the heirs of the borrower in the event of the death of the original borrower. They also contend that the home loan amount was sanctioned to the borrower, inclusive of the one-time total premium of Rs. 92,580/- towards a life insurance policy and Rs.25,00,000/- towards the purchase of the apartment. Thus, in short, the petitioner contends that there was a valid policy which could be made use of in the event of the death of the borrower.
4. These are all matters which can be urged before the OP (DRT) NO. 194 OF 2024 5 2025:KER:58828 Tribunal in the pending application, and a decision either way by this Court will certainly prejudice the parties. Under such circumstances, without prejudice to any of the contentions of the parties on the aspect noted above, the original petition is disposed of, directing the Tribunal to pass final orders on the Securitisation Application, in accordance with law, within four months from the date of receipt of a copy of this judgment.
The Original Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE DMR/-
OP (DRT) NO. 194 OF 2024 6 2025:KER:58828 APPENDIX OF OP (DRT) 194/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE DATED 30.01.2007 ISSUED TO THE PETITIONER BY THE KOZHIKODE CORPORATION Exhibit P2 TRUE COPY OF THE ORDER OF THE DISTRICT & SESSIONS COURT, KOZHIKODE DATED 08.04.2022 IN G.O.P. NO.271/2021 Exhibit P3 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 14.09.2020 ISSUED IN THE NAME OF THE PETITIONER Exhibit P4 TRUE COPY OF THE POWER OF ATTORNEY DATED 18.02.2017 ISSUED IN FAVOUR OF MS. AGNES B. FERNANDEZ ISSUED BY THE BORROWER Exhibit P5 TRUE COPY OF THE ARRANGEMENT LETTER AND THE MEMORANDUM OF LOAN AGREEMENT DATED 16.06.2017 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE LEGAL NOTICE DATED 03.06.2019 Exhibit P7 TRUE COPY OF THE REPLY NOTICES ISSUED BY THE 2ND RESPONDENT DATED 28.06.2019 Exhibit P8 TRUE COPY OF THE REPLY NOTICES ISSUED BY THE 4TH RESPONDENT DATED 11.07.2019 Exhibit P9 TRUE COPY OF THE APPLICATION O.A. 501/2019 DATED 01.10.2019 DEBT RECOVERY PROCEEDINGS FILED BY THE 2ND RESPONDENT BEFORE THE DEBT RECOVERY TRIBUNAL - 1, ERNAKULAM Exhibit P10 TRUE COPY OF THE WRITTEN STATEMENT DATED 13.01.2020 FILED BY THE PETITIONER IN EXT P10 DEBT RECOVERY PROCEEDINGS OP (DRT) NO. 194 OF 2024 7 2025:KER:58828 Exhibit P11 TRUE COPY OF THE SECTION 13(2) DEMAND NOTICE DATED 26.04.2023, ISSUED BY THE 1ST RESPONDENT Exhibit P12 TRUE COPY OF THE REPLY NOTICE DATED 24.06.2023 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P13 TRUE COPY OF THE REPLY DATED 10.07.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P14 . TRUE COPY OF THE SECOND SECTION 13(2) DEMAND NOTICE DATED 19.07.2023 ISSUED BY THE 1ST RESPONDENT DATED 19.07.2023 Exhibit P15 TRUE COPY OF THE NOTICE DATED 27.09.2023 ISSUED BY THE 1ST RESPONDENT IS PRODUCED Exhibit P16 TRUE COPY OF THE S.A NO. 750/2023 DATED 10.11.2023 PENDING BEFORE THE DEBT RECOVERY TRIBUNAL 1, ERNAKULAM Exhibit P17 TRUE COPY OF THE STAY PETITION IN S.A NO. 750/2023 DATED 10.11.2023 PENDING BEFORE THE DEBT RECOVERY TRIBUNAL 1, ERNAKULAM Exhibit P18 TRUE COPY OF THE POSSESSION NOTICE DATED 13.05.2024 ISSUED BY THE ADVOCATE COMMISSIONER APPOINT IN CMP NO.2603/2023 OF THE CJM COURT, KOZHIKODE FOR TAKING POSSESSION OF THE PETITION SCHEDULE PROPERTY ON 13.05.2024 Exhibit P19 TRUE COPY OF THE POSSESSION NOTICE DATED 31.05.2024 ISSUED BY THE ADVOCATE COMMISSIONER APPOINT IN CMP NO.2603/2023 OF THE CJM COURT, KOZHIKODE FOR TAKING POSSESSION OF THE PETITION SCHEDULE PROPERTY ON 31.05.2024 Exhibit P20 TRUE COPY OF THE BANK ACCOUNT STATEMENT DATED 10.02.2019 OP (DRT) NO. 194 OF 2024 8 2025:KER:58828 Exhibit P21 TRUE COPY OF THE BANK ACCOUNT STATEMENTS DATED 26.06.2021 Exhibit P22 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST RESPONDENT IN S.A.NO.750/2023 BEFORE THE DEBT RECOVERY TRIBUNAL-I, ERNAKULAM Exhibit P23 TRUE COPY OF THE MASTER POLICY DOCUMENT DATED 20.06.2017 ISSUED IN FAVOUR OF STATE BANK OF INDIA BY THE 1ST RESPONDENT Exhibit P24 TRUE COPY OF THE MEMBERSHIP FORM DATED 20.08.2017 SUBMITTED BY THE BORROWER FOR TAKING THE LIFE INSURANCE COVERAGE FROM THE 1ST RESPONDENT Exhibit P25 TRUE COPY OF THE ALLEGED SCREENSHOT FROM SOME WEBSITE SHOWING MEDICAL TESTS ALLEGEDLY SOUGHT FOR BY THE INSURANCE COMPANY FROM THE BORROWER Exhibit P26 TRUE COPY OF THE ALLEGED REFUND LETTER DATED 31.03.2018 CLAIMED TO BE ISSUED TO THE 2ND RESPONDENT BANK BY THE 1ST RESPONDENT Exhibit P27 TRUE COPY OF THE ALLEGED REFUND LETTER DATED 31.03.2018 CLAIMED TO BE ISSUED TO THE BORROWER BY THE 1ST RESPONDENT Exhibit P28 TRUE COPY OF THE ACCOUNT STATEMENT FROM 12.07.2017 TO 23.09.2024 OF THE HOME LOAN ACCOUNT NO.36952418768 IN THE NAME OF BORROWER ISSUED BY SBI EAST HILL BRANCH Exhibit P29 TRUE COPY OF THE ACCOUNT STATEMENT FROM 14.08.2017 TO 23.09.2024 OF THE SBI SURAKSHA ACCOUNT NO.37088581965 IN THE NAME OF BORROWER ISSUED BY SBI EAST HILL OP (DRT) NO. 194 OF 2024 9 2025:KER:58828 BRANCH Exhibit P30 TRUE COPY OF THE JUDGMENT DATED 07.10.2024 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C)NO.32115/2024 Exhibit P31 TRUE COPY OF THE ORDER DATED 10.03.2025 PASSED BY HON'BLE HIGH COURT OF KERALA IN R.P.NO.1098/2024 // TRUE COPY // P.A. TO JUDGE