Bijumon P.M vs Dewan Housing Finance ...
2021 Latest Caselaw 20963 Ker

OP (DRT) No.157/2021                         1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT
                       THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
                Wednesday, the 6th day of October 2021 / 14th Aswina, 1943

                                 OP (DRT) NO. 157 OF 2021


          SA 125/2021( I.D. NO.3278) OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM


   PETITIONERS:


       1.BIJUMON P.M, AGED 45 YEARS, S/O. MANIYAPPAN, LAKSHMIBHAVANAM,
       KANNANKARA, THANNERMUKKAM, ALAPPUZHA-688 527.

      2.SEEMA M.V, AGED 40 YEARS, W/O. BIJUMON P.M, LAKSHMIBHAVANAM,
    KANNANKARA, THANNERMUKKAM, ALAPPUZHA-688 527.

   RESPONDENTS:

      1. DEWAN HOUSING FINANCE CORPORATION LTD., GROUND FLOOR, KMM BUILDING,
         PALARIVATTOM, ERNAKULAM-682 025, REPRESENTED BY ITS AUTHORISED
         OFFICER
      2. THE REGISTRAR, DEBT RECOVERY TRIBUNAL-II, ERNAKULAM, 2ND FLOOR,
         HOUSING BOARD BUILDING, PANAMPALLY NAGAR, ERNAKULAM-682 036.


        Op (Debt Recovery Tribunal) praying inter alia that in the
   circumstances stated in the affidavit filed along with the OP (DRT) the
   High Court be pleased to stay all further proceedings in the SARFAESI
   proceedings initiated against the petitioners including Exhibit P3 notice
   dated 12.03.2021 issued by the Learned Advocate Commissioner appointed in
   M.C No.219/2019 of Learned Chief Judicial Magistrate, Alappuzha, till
   passing of orders in stay petition filed in S.A No.125/2021 on the file of
   Debt Recovery Tribunal -II, Ernakulam.

        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP (DRT) and upon hearing the arguments
   of M/S.K.MOHAMMED RAFEEQ & E.P.SANALDEV, Advocates for the petitioner, the
   court passed the following:




                                                                             (P.T.O)
 OP (DRT) No.157/2021                           2/3




                          BECHU KURIAN THOMAS,J
                       --------------------------------
                          O.P.(DRT)No.157 of 2021
                       ------------------------------------
                  Dated this the 6th day of October, 2021

                                        O R D E R

Notice before admission.

In view of the fact that, the

Presiding Officers of the Debt

Recovery Tribunal at Ernakulam are not

functioning and also in view of Ext.P6

judgment, Petitioners right to have

access to justice is curtailed.

Accordingly, there will be an interim

stay as prayed for a period of 8

weeks.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM

06-10-2021 /True Copy/ Assistant Registrar OP (DRT) No.157/2021 3/3

APPENDIX OF OP (DRT) 157/2021 Exhibit P3 TRUE COPY OF THE NOTICE DATED 12.3.2021 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER. Exhibit p6 TRUE COPY OF THE JUDGMENT DATED 03.09.2021 IN OP(DRT) NO.28/2021