Saji Ss vs The The Registrar
2021 Latest Caselaw 16999 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                         OP (DRT) NO. 106 OF 2021
  AGAINST THE JUDGMENT IN SA 181/2021 OF DEBT RECOVERY TRIBUNAL II,
                           ERNAKULAM, ERNAKULAM
PETITIONER:

              SAJI SS, S/O. SAHADEVAN, SARASWATHI BHAVANAM,
              THIRUNALLOOR PALLIPURAM, ALAPPUZHA,
              CHERTHALA 688 541.

              BY ADV S.MUMTAZ


RESPONDENTS:

     1        THE THE REGISTRAR, DEBT RECOVERY TRIBUNAL- II KSHB
              BUILDING, PANAMPILLY NAGAR, ERNKAULAM 682 036.

     2        HDB FINANCIAL SERVICES LTD, REP. BY THE AUTHORIZED
              OFFICER, CHAITHANYA BUILDING, 2ND FLOOR, OPP. SWAPNIL
              APARTMENTS KK ROAD, KADAVANTHARA, ERNAKULAM 682 017.

     3        HDB FINANCIAL SERVICES, REP. BY THE AUTHORIZED OFFICER,
              68/2 4TH FLOOR, LOYAL TOWERS, GREAMS ROAD, THOUSAND
              LIGHTS, CHENNAI 600 006.

              SRI.S.SUNILKUMAR,SC


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT)106/21
                                      2



                         JUDGMENT

The petitioner has approached this Court with

a singular plea that the Debts Recovery Tribunal

II (DRT for short) be directed to take up Ext.P3

stay petition filed by him along with

S.A.No.181/2021, within a time frame to be fixed

by this Court; and to restrain the 2nd respondent-

Financial Institution from taking any further

action based on Ext.P1 notice until then.

2. Sri. Sunil Kumar - learned Standing Counsel

appearing for the 2nd respondent, conceded that, at

the time when this Original Petition was filed,

the Tribunal in question was not functioning; but

added that, by a notification dated 05.08.2021,

charge has been given to DRT-I. He then submitted

that, therefore, his client will not stand in the

way of this Court granting a limited relief to the

petitioner in the manner sought for.

In the afore circumstances, I order this OP(DRT)106/21

original petition and direct the DRT to take up

Ext.P3 stay petition of the petitioner and dispose

it of, after affording necessary opportunity to

both sides and to then issue orders thereon as

expeditiously as is possible, but not later than

45 days from the date of receipt of a copy of this

judgment.

Needless to say, until such time as the afore

directed exercise is completed by the DRT and the

resultant order communicated to the petitioner,

all action based on Ext.P1 notice shall stand

deferred; however, making it clear that if the

Tribunal is to find against him, then the 2nd

respondent will be at liberty to take further

action from the stage at which it is available

from today, without any further orders from this

Court.

Sd/-

RR                                            DEVAN RAMACHANDRAN
                                                     JUDGE
 OP(DRT)106/21


                 APPENDIX OF OP (DRT) 106/2021

PETITIONER EXHIBITS

Exhibit P1           TRUE COPY OF THE NOTICE DATED

23/07/2021 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.

Exhibit P1 (A) TRUE TRANSLATION OF EXT. P1.

Exhibit P2 TRUE COPY OF MEMORANDUM OF SECURITISATION APPLICATION NO. 181/2021 OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.

Exhibit P3 TRUE COPY OF STAY PETITION NO. 901/2021 IN SECURITISATION APPLICATION NO. 181/2021 OF DEBTS RECOVERY TRIBUNAL II ERNAKULAM.

Exhibit P4 TRUE COPY OF RECEIPT OF COURT FEE IN SA NO. 181/2020 OF DEBTS RECOVERY TRIBUNAL II ERNAKULAM.