Kerala High Court
Paulson Chacko vs The Union Of India on 21 July, 2025
2025:KER:54265
WP(C) No. 15090 of 2025
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 15090 OF 2025
PETITIONER:
PAULSON CHACKO,
AGED 63 YEARS, MULAVARICKAL HOUSE,
PIRAROORKARA, MATTOOR VILLAGE, ALUVA TALUK,
ERNAKULAM DISTRICT, PIN-683574
BY ADVS.
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SMT.KAVYA VARMA M. M.
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
JEEVAN DEEP BUILDING, SANSADMARG,
NEW DELHI, PIN - 110001
2 THE HON'BLE DEBT RECOVERY TRIBUNAL,
PANAMPILLY NAGAR, ERNAKULAM,
REPRESENTED BY THE REGISTRAR, PIN-682036
3 THE AUTHORIZED OFFICER,
SOUTH INDIAN BANK, SIB BUILDING,
INFOPARK ROAD, RAJAGIRI VALLEY, KAKKANAD,
ERNAKULAM DISTRICT, PIN-682039
2025:KER:54265
WP(C) No. 15090 of 2025
-2-
* ADDL.R4 SRIDEVI P.,
W/O GOPINATH, E-154, 12TH STREET, 1ST CROSS,
PERIYAR NAGAR, VTC : JAWAHAR NAGAR P.O.,
CHENNAI, TAMIL NADU
* ADDL.R4 IMPLEADED AS PER ORDER DATED 10.04.2025
IN I.A.NO.2/2025 IN W.P.(C)
BY ADVS.
SHRI.B.J.JOHN PRAKASH
SHRI.P.PRAMEL
SHRI.SOORAJ M.S.
SMT.VARSHA VIJAYAKUMAR NAIR
SHRI.MANU BABY
SMT.RAJASREE K.
SMT. SANTHY M., CENTRAL GOVERNMENT COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:54265
WP(C) No. 15090 of 2025
-3-
MOHAMMED NIAS C.P., J.
-----------------------------------------------------
W.P.(C) No. 15090 of 2025
----------------------------------------------------
Dated this the 21st day of July, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
i) Issue a writ of certiorari, calling for the records leading to the issuance of Exhibit P5 order and set aside the same;
ii) Issue a writ declaring that the procedure followed by the Bank without adhering the mandate of Rule 12 is a nullity in the eye of law and to declare that all actions taken by the respondent Bank in violation thereof are bad in law;
iii) Issue a writ declaring that no useful purpose is served by the creation of the Debt Recovery Tribunal I, Ernakulam when there is failure to follow the procedure mandated by the Rules;
iv) Issue a writ of mandamus directing the Hon'ble Debts Recovery Tribunal to adjudicate S.A.No.816/2024 on merits within such period as this Hon'ble Court 2025:KER:54265 WP(C) No. 15090 of 2025 -4- deems fit and direct the respondents to maintain status quo till the disposal of S.A.No.816/2024;
v) Dispense with the filing of English translation of vernacular documents;
vi) Any other order or direction that this Hon'ble Court would deem fit to issue in the interest of justice.
2. On admission of the writ petition, this Court passed an interim order on 10.04.2025 directing the Bank not to issue the sale certificate in respect of the sale confirmed in favour of the additional 4th respondent till 23.05.2025. The said order has been extended from time to time and is still in force.
3. Today, when the matter is taken up, both sides submit that Securitisation Application No.816/2024 is pending consideration before the Debts Recovery Tribunal-I, Ernakulam. Though the auction purchaser is impleaded as the additional 4 th respondent, there is no appearance for him.
4. After hearing the learned Counsel on both sides and taking note of the interim order in force from 10-4-2025 onwards, the Writ Petition is disposed of, directing the petitioner to take up all 2025:KER:54265 WP(C) No. 15090 of 2025 -5- contentions available to him in the matter pending before the Tribunal.
5. In exercise of the powers under Article 227 of the Constitution of India and in the interest of the parties, there will be a direction to the Tribunal concerned to pass orders in the Securitisation Application within three months from the date of receipt of a copy of this judgment. Till orders are passed as directed above, the interim order passed by this Court on 10.04.2025 will continue to be in operation.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:54265 WP(C) No. 15090 of 2025 -6- APPENDIX OF WP(C) 15090/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF S.A.NO.816/2024 FILED ON 09.10.2024 BEFORE THE HON'BLE DEBT RECOVERY TRIBUNAL ALONG WITH ANNEXURES Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE HON'BLE DEBT RECOVERY TRIBUNAL IN SA 816/2024 DATED 07.11.2024 AS AVAILABLE ON THE OFFICIAL WEBSITE Exhibit P2(a) TRUE COPY OF THE PROCEEDINGS OF THE HON'BLE DEBT RECOVERY TRIBUNAL IN SA 816/2024 DATED 21.01.2025 AS AVAILABLE ON THE OFFICIAL WEBSITE Exhibit P2(b) TRUE COPY OF THE PROCEEDINGS OF THE HON'BLE DEBT RECOVERY TRIBUNAL IN SA 816/2024 DATED 26.03.2025 AS AVAILABLE ON THE OFFICIAL WEBSITE Exhibit P3 TRUE COPY OF I.A.NO.1104/2025 IN S.A.NO.816/2024 ALONG WITH ANNEXURES FILED BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 05.03.2025 Exhibit P4 TRUE COPY OF I.A.NO.1105/2025 IN S.A.NO.816/2024 FILED BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 05.03.2025 Exhibit P5 TRUE COPY OF THE ORDER PASSED BY THE DEBT RECOVERY TRIBUNAL ON 03.04.2025 IN SA 816/2024 AS AVAILABLE FROM THE WEBSITE OF THE HON'BLE DEBT RECOVERY TRIBUNAL Exhibit P6 TRUE COPY OF THE SALE DEED DATED 20TH JANUARY 2025.
2025:KER:54265 WP(C) No. 15090 of 2025 -7- RESPONDENTS' EXHIBITS EXHIBIT-R3(a) TRUE COPY OF THE VALUATION REPORT DATED 16.01.2025 EXHIBIT-R3(b) TRUE COPY OF THE SALE NOTICE IN THE NEW INDIAN EXPRESS KOCHI EDITION ON 25.02.2025.
EXHIBIT-R3(c) TRUE COPY OF THE SALE NOTICE PUBLISHED IN THE MANGALAM DAILY ERNAKULAM EDITION ON 25.02.2025.