Kerala High Court
M/S.Sr Educational And ... vs South Indian Bank Ltd on 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
OP (DRT) NO. 22 OF 2021
PETITIONERS/APPLICANTS:
1 M/S.SR EDUCATIONAL AND CHARITABLE TRUST
REPRESENTED BY ITS CHAIRMAN AND MANAGING TRUSTEE, MR.
SHAJI R, S/O. LATE RAGHAVAN, TC 2/2700, DIVYA PRABHA,
MARAPPALAM,
PATTOM P.O. THIRUVANANTHAPURAM 695 004.
2 SHAJI R,
S/O. LATE RAGHAVAN
TC 2/2700, DIVYA PRABHA, MARAPPALAM, PATTOM P.O.
THIRUVANANTHAPURAM 695 004.
3 SREEDEVI M.G, W/O. SHAJI R.,
TC 2/2700, DIVYA PRABHA, MARAPPALAM, PATTOM P.O.
THIRUVANANTHAPURAM 695 004.
4 SHILA SHAJI,
W/O. DR. ALLE SHIV KUMAR,
TC 2/2700, DIVYA PRABHA, MARAPPALAM, PATTOM P.O.
THIRUVANANTHAPURAM 695 004.
BY ADV V.K.PEER MOHAMED KHAN
RESPONDENTS/DEFENDANTS:
1 SOUTH INDIAN BANK LTD
THIRUVANANTHAPURAM CORPORATE BRANCH, DOOR NO. TC
25/1075,
WARD NO. 25, SAFA INTERNATIONAL BUILDING, MANORAMA
ROAD,
EAST THAMPANOOR, THAMPANOOR P.O. THIRUVANANTHAPURAM,
KERALA 695 014, REPRESENTED BY ITS MANAGER.
2 THE CHIEF MANAGER AND AUTHORISED OFFICER,
THE SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE, 3RD
FLOOR,
YMCA BUILDING, SPENCER JUNCTION,
M.G. ROAD, THIRUVANANTHAPURAM 695 001.
BY ADVS.
SRI.SUNIL SHANKER
SMT.K.ARUNDHATHI
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 22 OF 2021
2
JUDGMENT
The limited prayer in this original petition is
for a direction to the Debt Recovery
Tribunal, Ernakulam to consider Ext.P2
petition for amendment.
2. On 29.03.2021, while issuing notice to the
respondents, this Court had granted an
interim order restraining the sale of the
property scheduled to be held as per
Annexures-A22 to A26 before the DRT in SA
No.66/2020. At the time this petition was
filed, the DRT-II, Ernakulam was not
functioning due to resignation of the
Presiding Officer.
3. It is now submitted across the Bar that the
charge of DRT-II, Ernakulam has been
handed over by notification to DRT-I,
Ernakulam. There is thus no hurdle in
considering Ext.P2 by the Tribunal in
charge.
OP (DRT) NO. 22 OF 2021
4. Accordingly, this original petition is disposed
of, by directing the DRT-in-charge of SA
No.66/2020 to take up the application for
amendment filed by the petitioner as
I.A.No.560/2021 in the said securitisation
appeal and pass appropriate orders within a
period of two months from the date of
receipt of a certified copy of this judgment.
5. It is submitted by the learned counsel
appearing for the respondents that in view of
the stay granted by this Court on
29.03.2021, the sale notice issued by the
Bank had lapsed in the meantime. I make it
clear that, till decision is taken as directed in
the amendment petition, the Bank shall be
restrained from initiating fresh coercive
proceedings for sale of the property in
S.A.No.66/2020.
6. However, it is further clarified that the order
restraining the Bank from taking steps to sell
OP (DRT) NO. 22 OF 2021
the property is not a reflection upon the
merits of the matter involved, but is only to
enable the DRT to consider the amendment
petition.
The original petition is disposed of with the
above directions.
Sd/-
BECHU KURIAN THOMAS,
JUDGE
AMV/01/09//2021
OP (DRT) NO. 22 OF 2021
APPENDIX OF OP (DRT) 22/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION FIELD BY THE
PETITIONER AS SA NO. 66/2020 BEFORE THE
DEBT RECOVERY TRIBUNAL II, ERNAKULAM
WITHOUT ANNEXURES.
EXHIBIT P2 TRUE COPY OF THE AMENDMENT PETITION IN I.A.
NO. 560/2021 IN SA NO. 66/2020.
RESPONDENTS
EXHIBITS
ANNEXURE-R1(a) TRUE COPY OF THE WRITTEN STATEMENT FILED BY
THE RESPONDENTS IN SA NO.66 OF 2020.
ANNEXURE-R1(b) TRUE COPY OF THE ADDITIONAL WRITTEN
STATEMENT FILED BY THE RESPONDENTS IN SA
NO.66 OF 2020.
ANNEXURE-R(c) TRUE COPY OF THE ORDER DATED IN IA NO.740
OF 2020.
TRUE COPY P.A.TO JUDGE
