Kerala High Court
Gurudeva Trust vs The Authorized Officer on 8 July, 2025
OP (DRT) NO. 189 OF 2025 1 2025:KER:49905
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 8th DAY OF JULY 2025 / 17TH ASHADHA, 1947
OP (DRT) NO. 189 OF 2025
SA NO.469 OF 2022 OF DEBT RECOVERY TRIBUNAL,
ERNAKULAM
PETITIONER/APPLICANT:
GURUDEVA TRUST, MANJALI, MANNAM,
ERNAKULAM- 683 520, REPRESENTED BY ITS SECRETARY
LAIJU K M, AGED 47 YEARS, S/O MOHANAN,
RESIDING AT KALAPPURAPARAMBIL, MANAKKAPPADY,
KARUMALLOOR, NORTH PARAVUR, PIN - 683511
BY ADVS. SHRI.THOMAS ABRAHAM
SRI.ASWIN.P.JOHN
SHRI.R.ANANTHAPADMANABAN
SHRI.PAUL BABY
SMT.SWATHY A.P.
SMT.FOUSIYA R
RESPONDENTS/RESPONDENTS:
1 THE AUTHORIZED OFFICER,
KOTAK MAHINDRA BANK LTD., 4TH FLOOR,
EMPIRE BUILDING, NEAR HIGH COURT OF KERALA,
KOCHI, PIN - 682018
2 KOTAK MAHINDRA BANK LTD.,
KANAKA DAMODAR BUILDING, VEEKSHANAM ROAD,
OP (DRT) NO. 189 OF 2025 2 2025:KER:49905
KOCHI, REPRESENTED BY ITS CHIEF MANAGER,
PIN - 682035
BY ADVS. SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
SMT.K.R.MONISHA
SHRI.JIJO PAUL
SMT.ANJALI SUNIL
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 08.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP (DRT) NO. 189 OF 2025 3 2025:KER:49905
JUDGMENT
This original petition is filed seeking a direction to the Debts Recovery Tribunal-I, Ernakulam, to consider and pass orders on Exts.P3 to P5 applications preferred by the petitioner in the pending Securitisation Application. I.A.No.2579 of 2025 in S.A.No.469 of 2022 (Ext.P5) is the stay application filed by the petitioner. It is submitted by both sides that the matter is posted before the Tribunal on 10.07.2025.
2. Taking note of the fact that the stay application preferred by the petitioner is pending consideration before the Tribunal, I am not inclined to pass any orders in this original petition, except directing the Tribunal to consider the application seeking stay, in accordance with law, either on 10.07.2025 or at any rate, within a OP (DRT) NO. 189 OF 2025 4 2025:KER:49905 week thereafter. All the contentions of the parties are left open.
The Original Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE DMR/-
OP (DRT) NO. 189 OF 2025 5 2025:KER:49905 APPENDIX OF OP (DRT) 189/2025 PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE O.A.NO.490 OF 2022 FILED BY THE RESPONDENT BANK WITHOUT ANNEXURES EXHIBIT P2 THE TRUE COPY OF THE S.A.NO.469 OF 2022 FILED BY THE PETITIONERS BEFORE THE HON'BLE DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM WITHOUT ANNEXURES EXHIBIT P3 THE TRUE COPY OF THE I.A.NO.2362 OF 2025 FOR AMENDMENT FILED IN S.A.NO.469 OF 2022 EXHIBIT P4 THE TRUE COPY OF THE I.A.NO.2575 OF 2025 TO ACCEPT DOCUMENTS FILED IN S.A.NO.469 OF 2022 EXHIBT P5 THE TRUE COPY OF THE I.A.NO.2579 OF 2025 FOR STAY FILED IN S.A.NO.469 OF 2022 EXHIBIT P6 THE TRUE COPY OF THE NOTICE ISSUED BY THE DEFENDANT BANK U/S 13(2) OF THE SARFAESI ACT EXHIBIT P7 THE TRUE COPY OF THE NOTICE REGARDING PHYSICAL POSSESSION DATED 8/4/2025 ISSUED UNDER SECTION 13(4) OF THE SARFAESI ACT BY THE DEFENDANT BANK RESPONDENTS' EXHIBITS Exhibit R2 TRUE COPY OF THE JUDGMENT IN WP (C) NO.
30379/2019 DATED 16.11.2021 OP (DRT) NO. 189 OF 2025 6 2025:KER:49905 Exhibit R2(a) TRUE COPY OF JUDGMENT IN WP (C) NO.
6535/2021 DATED 07.01.2022 Exhibit R2(b) TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 2ND RESPONDENT DATED 04.03.2022 Exhibit R2(c) TRUE COPY OF THE ORDER IN M.C. NO.
520/2022 OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM DATED 24.08.2022 Exhibit R2(d) TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 15.09.2022 Exhibit R2(e) TRUE COPY OF THE ORDER IN IA NO.2169/2022 OF THE HON'BLE DEBTS RECOVERY TRIBUNAL COURT NO.1 ERNAKULAM DATED 10.10.2022 Exhibit R2(f) TRUE COPY OF THE JUDGMENT IN OP(DRT) NO.
402/2022 DATED 19.10.2022 Exhibit R2(g) TRUE COPY OF THE ORDER IN OP(DRT) NO.
433/2022 DATED 02.12.2022 Exhibit R2(h) TRUE COPY OF THE JUDGMENT IN OP(DRT) NO.
433/2022 DATED 16.12.2022 Exhibit R2(i) TRUE COPY OF THE INTERIM ORDER IN W.P. (C). NO. 771/2023 DATED 10.01.2023 Exhibit R2(j) TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO. 771/2023 DATED 20.02.2023 Exhibit R2(k) TRUE COPY OF THE INTERIM ORDER IN W. A. NO. 606/2023 DATED 20.03.2023 Exhibit R2(l) TRUE COPY OF THE INTERIM ORDER IN W.A. NO. 606/2023 DATED 27.03.2023 OP (DRT) NO. 189 OF 2025 7 2025:KER:49905 Exhibit R2(m) TRUE COPY OF THE ORDER IN W.P. (C) NO.
28766/2023 ON 25.08.2023 Exhibit R2(n) TRUE COPY OF JUDGMENT IN W.A. NO.
606/2023 DATED 17.11.2023 Exhibit R2(o) TRUE COPY OF THE CIRCULAR OF RESERVE OF BANK OF INDIA RBI/2020-21/20 DOR. NO.BP. BC/7/21.04.048/2020-21 DATED 06.08.2020 Exhibit R2(p) TRUE COPY OF THE JUDGMENT IN W.P (C) NO.
7621/2024 DATED 09.07.2024 Exhibit R2(q) TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
27347/2024 DATED 31.07.2024 Exhibit R2(r) TRUE COPY OF THE COMMON JUDGMENT IN WRIT APPEAL NOS.1081/2024 AND 1112/2024 DATED 05.09.2024 Exhibit R2(s) TRUE COPY OF THE ORDER IN UNNUMBERED RP(FILING) NO. 1145/2024 AND UNNUMBERED RP(FILING) NO. 1148/2024 DATED 01.11.2024 Exhibit R2(t) TRUE COPY OF THE ORIGINAL PETITION IN O.P NO. 2/2024 BEFORE THE SUB COURT, NORTH PARAVUR DATED 05.03.2024 Exhibit R2(u) TRUE COPY OF THE INTERIM APPLICATION IN O.P NO. 2/2024 BEFORE THE SUB COURT, NORTH PARAVUR DATED 05.03.2024 Exhibit R2(v) TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
36797/2024 DATED 05.11.2024 Exhibit R2(w) TRUE COPY OF JUDGMENT IN W.P.(C) NO.
41282/2024 DATED 21.11.2024 OP (DRT) NO. 189 OF 2025 8 2025:KER:49905 Exhibit R2(x) TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
13810/2025 DATED 07.04.2025 Exhibit R2(y) TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 1ST RESPONDENT DATED 08.04.2025 Exhibit R2(z) TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 08.04.2025 // TRUE COPY // P.A. TO JUDGE