Gireesh Babu vs The Authorized Officer
2021 Latest Caselaw 12622 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       MONDAY, THE 4TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943
                          OP (DRT) NO. 76 OF 2021
     AGAINST THE ORDER/JUDGMENT AIR 59/20 OF DRAT, CHENNAI IN SA
           316/2019 OF DEBT RECOVERY TRIBUNAL-II,      ERNAKULAM
PETITIONER:

              GIREESH BABU, AGED 56 YEARS
              S/O. GOMATHI, BUSINESS,
              REVATHI NIVAS, T.C. KP 9/977,
              PEROORKADA, THEVUKONAMKARA,
              TRIVANDRUM-695 005.
              BY ADVS.R.ARUN (PALLURUTHY)
              N.ABHILASH


RESPONDENTS:

       1      THE AUTHORIZED OFFICER,
              CITY UNION BANK LTD,
              CORPORATE OFFICE, GANDHI NAGAR,
              KUMBAKONAM-612 001.
       2      THE BRANCH MANAGER,
              CITY UNION BANK LIMITED,
              BLUE TOWER, POWER HOUSE ROAD,
              TRIVANDRUM-695036.
       3      GIGI SALIM,
              W/O. SALIM MATHEWS, NO.527, DARSAN NAGAR, VAZHAYILA,
              KUDAPANAKUNNU, TRIVANDRUM DISTRICT-695043.



THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON    04.10.2021,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(DRT) No.76 of 2021
                                          2



                             BECHU KURIAN THOMAS, J
                         ===========================
                              O.P.(DRT) No.76 of 2021
                              ---------------------------------
                      Dated this the 4th day of October, 2021

                                    JUDGMENT

Petitioner has already preferred an appeal before the Debt

Recovery Appellate Tribunal, Chennai and the case was

posted today. It is submitted that the case has been

adjourned by the Appellate Tribunal again. Since the

petitioner has already preferred an appeal before the

Appellate Tribunal, petitioner has to pursue the said

remedy rather than preferring this original petition.

2. The learned counsel for the petitioner submits that the

Appellate Tribunal is not considering the matter and

accordingly the petitioner was compelled to attempt this

remedy under Article 227 of the Constitution of India.

3. Having considered the aforesaid submission, I am of the

view that the petitioner is at liberty to bring the plight

of the petitioner to the notice of the Tribunal in the O.P.(DRT) No.76 of 2021

proceedings pending so as to enable an early

consideration of the matter by the Appellate Tribunal.

4. With the aforesaid observations, this original petition is

closed, directing the petitioner to pursue his statutory

remedies.

Sd/-

BECHU KURIAN THOMAS, JUDGE AMV/04/10//2021 O.P.(DRT) No.76 of 2021

APPENDIX OF OP (DRT) 76/2021

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOY OF THE ORDER DATED 24/09/2019 IN CMP 3759/18 IN MC 723/2017 OF CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM.

Exhibit P2 TRUE PHOTOCOPY OF THE INTERIM ORDER IN OP(DRT) 166/2019 DATED 17/10/2019.

Exhibit P3 TRUE PHOTOCOPY OF THE JUDGMENT IN OP(DRT) 166/2019 DATED 14/11/2019 OF THIS HON'BLE COURT. Exhibit P4 TRUE PHOTOCOPY OF JUDGMENT IN OP (DRT) 206/19 DATED 10/01/2020 OF HIGH COURT OF KERALA. Exhibit P5 TRUE PHOTOCOPY OF THE JUDGMENT IN OP(DRT) 48/2020 DATED 24/02/2020.

Exhibit P6 TRUE PHOTOCOPY OF THE ORDER IN IA 1/20 IN OP (DRT) 48/2020.

Exhibit P7 TRUE PHOTOCOPY OF THE ORDER IN IA NO.1652/2019 IN SA NO.316/2019 OF THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.

Exhibit P8 TRUE PHOTOCOPY OF THE NOTICES ISSUED BY THE ADVOCATE COMMISSIONER IN MC 723/2017. Exhibit P9 TRUE PHOTOCOPY OF THE JUDGMENT DATED 13/11/2020 IN OP (DRT) 60/2020.

Exhibit P10 TRUE PHOTOCOPY OF THE APPEAL MEMORANDUM ALONG WITH STAY PETITION AND WAIVER PETITION NUMBERED AS AIR (A) 59/2020 BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI.

Exhibit P11 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF CASE STATUS OF AIR 59/2020 BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI.

Exhibit P12 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF TYPED COPY OF PROCEEDINGS DATED 22/02/2021 OF AIR 59/2020 BEFORE THE DEBT RECOVERY APPEALLATE TRIBUNAL, CHENNAI.

Exhibit P13 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM DATED 26/04/2021 IN CRL MP 246/21 IN MC 723/2017. Exhibit P14 TRUE PHOTOCPY OF THE RELEVANT PAGE OF PROCEEDINGS ON 28/04/2021 BEFORE THE CHARIPERSON OF DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI. Exhibit P15 THE TRUE COPY OF RELEVANT PAGES OF THE PROCEEDINGS BEFORE THE HON'BLE CHAIRPERSON DATED 20/7/2021 OF DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI.

Exhibit P16 THE TRUE COPY OF RELEVANT PAGES OF THE PROCEEDINGS BEFORE THE HONB'LE CHAIRPERSON DATED 29.9.2021 OF DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE