Friday vs Rakhi.C.R
2021 Latest Caselaw 11860 Ker

OP (DRT) 38/2021                              1/2



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          Present:
                     THE HONOURABLE MR. JUSTICE A.M.BADAR

                     Friday,the 9th day of April 2021/19th Chaithra, 1943
                                OP (DRT) No.38/2021
Unnumbered S.A.NO...../2021 having ID NO.3685/2021 before the Debts Recovery Tribunal
            For information purpose only
- II,Ernakulam.
PETITIONER
       RAKHI.C.R, AGED 35 YEARS
       W/O. LATE P.R. SAJUNATH, RESIDING AT TC 38/1558, KEDARAM, VPS
       337, VATTAVILA, THIRUMALA P.O,
       THIRUVANANTHAPURAM-695 006.

RESPONDENTS
1. THE AUTHORIZED OFFICER AND CHIEF MANAGER
     PUNJAB AND SIND BANK, GROUND FLOOR, TC NO. 25/2890, HAJI
     BHAVA COMMERCIAL COMPLEX, AMBUJA VILASOM ROAD,
     THIRUVANANTHAPURAM-695 001.

2. THE MANAGER,
     PUNJAB AND SIND BANK, GROUND FLOOR, TC NO. 25/2890, HAJI
     BHAVA COMMERCIAL COMPLEX, AMBUJA VILASOM ROAD,
     THIRUVANANTHAPURAM-695 001.

3. M/S. SREEKANTESWAR AGENCY,
     REPRESENTED BY ITS PROPRIETOR MR. SHAJAHAN, TC NO. 28/1226,
     MANI BHAVAN, PANDARATHOPU LANE, SREEKANTESWARAM,
     THIRUVANANTHAPURAM-695 009.

4. MR. SHAJAHAN,
     S/O. MUHAMMED ISMAIL, TC 49/56, KALIPPANKULAM,
     KAMALESWARAN, MANACAUD P.O,
     THIRUVANANTHAPURAM-695 009.

5. MRS. JASEELA N.,
     W/O. SHAJAHAN I, TC 49/56, KALIPPANKULAM, KAMALESWARAN,
     MANACAUD P.O, THIRUVANANTHAPURAM-695 009.
 OP (DRT) 38/2021                          2/2

  OP (Debt Recovery Tribunal) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP (DRT) the High Court be pleased to stay all
further proceedings in pursuance of Exhibit P1 notice and Exhibit P7 notice,
pending final disposal of the Original Petition.


  This petition coming on for admission upon perusing the petition and the affidavit
filed in support of OP (DRT) and upon hearing the arguments of M/S V.R.GOPU &
            For information purpose only
URMILA.M.G, Advocates for the petitioner and of Standing Counsel, for
Respondents 1 & 2, the court passed the following
                                     ORDER

Heard the learned counsel for the petitioner . He drew my attention to the notice at Exhibit P7 for taking possession of the secured asset on 12-04-2021. The learned counsel for the petitioner submits that he has filed securitization application before DRT- II Ernakulam challenging the notice at Exhibit P7 with the stay application. However, as the DRT is not functioning, his application could not be heard. Learned Standing Counsel takes notice for R1 and R2 and submits that on an eralier occasion, petitioner has preferred writ petition, but has failed to avail the benefit granted by the judgment at Exhibit P2. As the petitioner has availed statutory remedy in the matter and as forum is reported to be not functioning interim relief as prayed till next date of hearing. Issue notice before admission to the other respondents returnable after ten weeks. 09-04-2021 Sd/-

A.M.BADAR,JUDGE

/true copy/ Sd/-

ASSISTANT REGISTRAR

EXHIBIT P1 - TRUE COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT ISSUED BY THE Ist RESPONDENT DATED 22-04-2019.

EXHIBIT P2 - TRUE COPY OF THE JUDGMENT IN W.P.C NO. 32557/2019 DATED 20.01.2020.

EXHIBIT P7 - TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 25.03.2021.

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