State Bank Of India vs The Debt Recovery Tribunal
2021 Latest Caselaw 5078 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                         OP (DRT).No.7 OF 2021

    AGAINST THE ORDER/JUDGMENT IN SA 349/2019 OF DEBT RECOVERY
                       TRIBUNAL, ERNAKULAM


PETITIONER/S:

                STATE BANK OF INDIA,
                STRESSED ASSETS RECOVERY BRANCH, 7TH FLOOR, VANKARATH
                TOWERS, PALARIVATTOIM BYPASS JUNCTION, KOCHI 682 024

                BY ADVS.
                SMT.S.LAKSHMY
                SMT.S.AMINA
                SMT.RENI JAMES
                SRI.S.SHAFEEKA

RESPONDENT/S:

      1         THE DEBT RECOVERY TRIBUNAL - 1,
                5TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM
                KOCHI 682 036
                DULY REPRESENTED BY ITS REGISTRAR

      2         THE DEBT RECOVERY TRIBUNAL - 2,
                1ST FLOOR, KSHB BUILDING, PANAMPILLY NAGAR,
                ERNAKULAM, KOCHI 682 036
                DULY REPRESENTED BY ITS REGISTRAR

      3         M/S. AMMA WOODS PRIVATE LIMITED,
                KOTTUNGAL SHOPPING COMPLEX, KODANNUR P.O,
                THRISSUR 680 683
                REPRESENTED BY ITS MANAGING DIRECTOR SULEKHA K V

      4         SHIJI M R,
                AGED 47 YEARS,
                W/O. SALEESH K.S, BUSINESS, KOPTTUNGAL HOUSE, PARALAM
                P.O, VENGINISSERI VILLAGE, THRISSUR 680 683

      5         SALEESH K.S,
                S/O. KOTTUNGAL SREEDHARAN, AGED 52 YEARS, BUSINESS,
                KOTTUNGAL HOUSE, PARALAM P.O, VENGINISSERI VILLAGE,
                THRISSUR 680 683

      6         SULEKHA K V,
 OP (DRT).No.7 OF 2021

                                2

             AGED 41 YEARS,
             W/O. AJAYAN K S, BUSINESS, KOTTUNGAL HOUSE,
             VENGINISSERI VILLAGE, PALARAM P.O, THRISSUR 680 683

      7      MRIDUL SREEDHAR,
             AGED 27 YEARS,
             S/O. SALEESH K S, BUSINESS, KOTTUNGAL HOUSE,
             PARALAM P.O, VENGINISSERI VILLAGE, , VENGINISSERI
             TALUK, THRISSUR 680 683

      8      NIVEDHYA K.S,,
             AGED 27 YEARS,
             S/O. SALEESH K.S, BUSINESS, KOTTUNGAL HOUSE,
             PARALAM P.O, VENGINISSERI VILLAGE, , VENGINISSERI
             TALUK, THRISSUR 680 683

      9      AJAYAN K.S,
             AGED 47 YEARS,
             S/O. KOTTUNGAL SREEDHARAN,BUSINESS, KOTTUNGAL
             HOUSE, VENGINISSERI VILLAGE, , PARALAM
             P.O,VENGINISSERI TALUK, THRISSUR 680 683

      10     SURESH BABU,
             AGED 48 YEARS
             S/O. KOTTUNGAL S,REEDHARAN, BUSINESS, KOTTUNGAL
             HOUSE, VENGINISSERI VILLAGE, , PARALAM P.O,
             THRISSUR 680 683

      11     MOHANAN K M,
             AGED 57 YEARS,
             S/O. KUPPATHIL MADHAVAN, BUSINESS, KUPPATHIL HOUSE,
             KODAKARA VILLAGE, CHALAKKUDY TALUK, KANAKAMALA P.O,
             PIN 680 589

      12     SUNITHA MOHANAN,
             AGED 46 YEARS,
             W/O. MOHAN K.M, KUPPATHIL HOUSE, KODAKARA VILLAGE,
             CHALAKKUDY TALUK, KANAKAMALA P.O, PIN 680 589

      13     M O JOJU,
             AGED 47 YEARS,
             S/O. OUSEPH, BUSINESS, MAROKY HOUSE, CHOVOOR
             VILLAGE, THRISSUR TALUK

      14     JOSE JOSEPH,
             AGED 58 YEARS,
             S/O. P M JOSEPH, AGRICULTURAL WORK, PULIKKAN HOUSE,
             EERATTUPETTA, THALAPPALAM, KARAYIL PLASANAN,
             KOTTAYAM P.O PIN 686 579
 OP (DRT).No.7 OF 2021

                                3




             R1 & R2 BY THUSHARA JAMES, GP

     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (DRT).No.7 OF 2021

                                           4

                                JUDGMENT

Dated this the 11th day of February 2021

Heard learned Counsel appearing for the petitioner.

The unusual prayer in this petition is to direct the 1 st

respondent Debt Recovery Tribunal-1 to recall

S.A.No.349/2019 posted before Debt Recovery Tribunal-2,

Ernakulam, and to pronounce the judgment in a

prescribed time frame.

2. Learned Counsel for the petitioner argued that,

record of S.A.No.349/2019 is volumnous and it will not

be possible to transmit the record to Debt Recovery

Tribunal, Bangalore. Therefore, according to learned

Counsel for the petitioner, as hearing of

S.A.No.349/2019 was conducted before the Debt Recovery

Tribunal-2, Ernakulam, by the incharge Presiding

Officer of Debt Recovery Tribunal-1, Ernakulam, the S.A

be decided by the Presiding Officer, Debt Recovery

Tribunal-1, Ernakulam, who has heard the matter.

3. It is seen that, with passage of time, now

charge of the post of Debt Recovery Tribunal-2,

Ernakulam, is with the Presiding Officer of Debt OP (DRT).No.7 OF 2021

Recovery Tribunal-2, Bangalore. This charge has been

entrusted by the Under Secretary, Government of India,

vide notification dated 04.01.2021 (Ext.P2). In this

view of the matter, directing the 1st respondent Debt

Recovery Tribunal-1, Ernakulam, to recall

S.A.No.349/2019 from the files of Debt Recovery

Tribunal-2, Ernakulam, the charge of which is with the

Debt Recovery Tribunal-2, Bangalore, would amount to

violation of notification dated 04.01.2021. The 1 st

respondent cannot be directed to act contrary to the

notification dated 04.01.2021.

In this view of the matter, the petition is devoid

of merits and the same is rejected. However, it is

made clear that the petitioner is free to approach the

concerned administrative authority for seeking relief

of transfer of proceedings of S.A.No.349/2019.

Sd/-

A.M.BADAR

JUDGE

uu

11.2.2021 OP (DRT).No.7 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE B DIARY PROCEEDINGS IN S.A NO 349/2019 DATED 21-12-2020

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION F.NO.

7/1/2019-DRT DATED 04-01-2021 ISSUED BY UNION OF INDIA.