P.P.Ashique vs The Authorized Officer
2021 Latest Caselaw 17355 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE A.M.BADAR
     WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                     OP (DRT) NO. 107 OF 2021
              AGAINST THE PROCEEDINGS IN SA 69/2021
              OF DEBT RECOVERY TRIBUNAL-I, ERNAKULAM
PETITIONERS/APPLICANTS 2 AND 3:

    1      P.P.ASHIQUE
           AGED 50 YEARS
           S/O. P.P.KOYA, PONNAMPARAMBATH HOUSE,
           KONAD BEACH, WEST HILL P.O., KOZHIKODE-673005.
    2      SHAMEENA P.P.,
           AGED 44 YEARS
           W/O. P.P.ASHIQUE, PONNAMPARAMBATH HOUSE, KONAD BEACH,
           WEST HILL P.O., KOZHIKODE-673005.
           BY ADV V.K.PEER MOHAMED KHAN


RESPONDENTS/DEFENDANT AND 1ST APPLICANT:

    1      THE AUTHORIZED OFFICER
           DHANALAXMI BANK LTD., INDUSTRIAL FINANCE BRANCH-
           ERNAKULAM, MINI ENCLAVE, DOOR NO.40/9036A, B,
           YMCA JUNCTION, CHITTOOR ROAD, ERNAKULAM-682011.
    2      M/S. PLATINO CLASSIC MOTORS INDIA PVT. LTD.,
           DOOR NO.11/6B, NH-47, AROOR BYPASS ROAD, MARADU P.O.,
           ERNAKULAM, REPRESENTED BY MR.SATHIQ BUHARI,
           RESOLUTION PROFESSIONAL.
           BY ADVS.
           SRI.NAGARAJ NARAYANAN,STANDING COUNSEL,
           DHANALAKSHMI B
           NAGARAJ NARAYANAN



     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT) NO.107 OF 2021
                                         2



                                   JUDGMENT

Dated this the 25th day of August 2021 Petitioners were constrained to approach

this Court as the Debt Recovery Tribunal at

Ernakulam was not functioning due to non sitting

of the Tribunal. Now it is reported that the

Tribunal has started functioning.

2. The learned Senior Counsel appearing for

petitioners submitted that the application for

amendment at Exhibit P3 and stay petition at

Exhibit P4 are listed for hearing before the said

Tribunal on 31-08-2021.

3. This Court has already granted interim

relief to petitioners in the wake of the fact that

the Debt Recovery Tribunal was not functioning.

In this view of the matter, as the Tribunal

started functioning, the original petition is

ordered by directing the Debt Recovery Tribunal,

Ernakulam to decide the application for amendment

at Exhibit P3 and stay petition at Exhibit P4 OP(DRT) NO.107 OF 2021

expeditiously and till disposal of those

applications, the interim relief granted by this

Court in the instant petition shall continue to

operate.

Sd/-

A.M.BADAR JUDGE SSK/25/08 OP(DRT) NO.107 OF 2021

APPENDIX

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE SECURITIZATION APPLICATION FILED BY THE PETITIONERS IN SA NO.69/2021 BEFORE THE DEBT RECOVERY TRIBUNAL-I, ERNAKULAM WITHOUT ANNEXURES. Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST RESPONDENT BANK, WITHOUT ANNEXURES. Exhibit P3 TRUE COPY OF THE AMENDMENT PETITION FILED UNDER ID NO.6368/2021 IN SA NO.69/2021 BEFORE THE DRT-I ERNAKULAM.

Exhibit P4 TRUE COPY OF THE STAY PETITION AS PER ID NO.6370/2021 IN SA NO.69/2021 ON THE FILES OF DRT-I ERNAKULAM.

Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE DRT-I ERNAKULAM.

RESPONDENT'S EXHIBITS:NIL


SSK                //TRUE COPY//                PA TO JUDGE