Mathewkutty Jose Vellapallil vs The Authorised Officer, South ...
2021 Latest Caselaw 17526 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE A.M.BADAR
     THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                        OP (DRT) NO. 49 OF 2021
    AGAINST THE ORDER/JUDGMENT IN SA 377/2019 OF DEBT RECOVERY
                     TRIBUNAL, ERNAKULAM, ERNAKULAM
PETITIONER/S:

          MATHEWKUTTY JOSE VELLAPALLIL
          AGED 59 YEARS
          S/O. JOSEPH VELLAPALLIL, VELLAPPALLIL HOUSE, CHENGALAM
          EAST P.O., KOTTAYAM-686 585.

          BY ADVS.
          PEEYUS A.KOTTAM
          SHRI. HRITHWIK D. NAMBOOTHIRI



RESPONDENT/S:

    1     THE AUTHORISED OFFICER, SOUTH INDIAN BANK LTD.
          KANJIKUZHY BRANCH, KOTTAYAM-686 002.

    2     THE MANAGER
          SOUTH INDIAN BANK LTD., KANJIKUZHY BRANCH, KOTTAYAM-686
          002.

    3     V.R.PRASNNAKUMARI
          ADVOCATE COMMISSIOENR 71, A-1, MALIACKAL BUILDINGS,
          NEAR CHILDREN'S PARK, COLLECTORATE P.O, KOTAYAM-686
          002.

          BY ADVS.
          SRI.SUNIL SHANKER
          SMT.VIDYA GANGADHARAN




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 49 OF 2021
                                     2

                                JUDGMENT

Heard the learned counsel for the petitioner. The petitioner was

constrained to approach this Court after filing of the Securitization

Application no. 377/2019 as there was no sitting in DRT-II Ernakulam

and there was no arrangements for hearing the matters pending before

that Tribunal. The learned counsel for the petitioner submits that now,

the charge of DRT-II, Ernakulam is entrusted to DRT-I. The learned

counsel for the respondents reiterates this fact.

In this view of the matter, the present petition is disposed of with a

direction to the learned DRT to decide the stay petition at Ext.P4 filed in

SA No. 377/2019 as expeditiously as possible and preferably within a

period of two months. In the meanwhile, the interim order passed in the

instant case shall continue to operate till disposal of the stay petition at

Ext.P4 by the learned DRT. Parties to co-operate with the Tribunal in

expeditious disposal of the stay petition.

SD/-

A.M.BADAR JUDGE Nsd OP (DRT) NO. 49 OF 2021

APPENDIX OF OP (DRT) 49/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE DATED 10.10.2019 ISSUED BY IST RESPONDENT.

EXHIBIT P2 TRUE COPY OF SA 377/2019 FILED BEFORE THE DRT-II, ERNAKULAM (WITHOUT EXHIBITS).

EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER V.R.PRASANNA KUMARI DATED 9.4.2021.

EXHIBIT P4 THE TRUE COPY OF THE INTERLOPCUTORY APPLICATION NO.I.A.674/2021 IN S.A.377/2019 FILED BEFORE THE DRT FOR STAYING ALL FURTHER COERCIVE STEPS IN PURSUANT TO EXT-P3 NOTICE.

EXHIBIT P5 THE TRUE COPY OF THE INTERIM ORDER IN OP(DRT) 39/2021 DATED 9.4.2021 PASSED BY THIS HON'BLE COURT.