Joji Abraham Joseph vs City Union Bank Ltd
2021 Latest Caselaw 17900 Ker

           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. 69 OF 2021

AGAINST THE ORDER/JUDGMENT IN SA 157/2021 OF DEBT RECOVERY
                    TRIBUNAL, ERNAKULAM,
PETITIONERS/APPLICANTS:

    1     MR.BIJU C.P.
          S/O. ANTONY PAULOSE,
          CHUKKIRI HOUSE,
          PUDUKKAD P.O, THRISSUR.
    2     MRS. SINI BIJU
          W/O. BIJU C.P,
          CHUKKIRI HOUSE,
          PUDUKKAD P.O, THRISSUR.
          BY ADVS.
          S.S.ARAVIND
          SRI.VISHAK.K.JOHNSON


RESPONDENTS/DEFENDANTS:

    1     THE AUTHORIZED OFFICER,
          M/S.CITY UNION BANK LTD.149,
          T.S.R (BIG) STREET, KUMBAKONAM,
          THANJAVUR DISTRICT,
          TAMIL NADU PIN 612 001
    2     MANAGER,
          M/S. CITY UNION BANK LTD, 29/722/1,
          A.R TOWER, SHORNUR ROAD,
          OPP. THIRUVAMBADY TEMPLE,
          THRISSUR, PIN 680 022.
           BY ADVS.
           SRI.THOMAS T.VARGHESE, SC
 O.P.(DRT) Nos.69 & 71/21        -:2:-


              SMT.ACHU SUBHA ABRAHAM


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY
HEARD ON 01.09.2021 ALONG WITH O.P.(DRT) NO.71 OF 2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(DRT) Nos.69 & 71/21             -:3:-


              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. 71 OF 2021
   AGAINST THE ORDER/JUDGMENT IN UNNUMBERED S.A. HAVING ID
          4267/2021 OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
PETITIONER/APPLICANT:

              JOJI ABRAHAM JOSEPH
              MANALEPARAMBIL HOUSE,
              PANNIYANKARA P.O.,
              PALAKKAD 678 683
              BY ADVS.
              SHRI.V.K.PEERMOHAMED KHAN
              SHRI.GIRISH KUMAR V.C


RESPONDENTS/DEFENDANTS:

      1       CITY UNION BANK LTD.
              REP.BY ITS BRANCH MANAGER,
              THRISSUR BRANCH, AIR TOWERS,
              GROUND FLOOR, OPPOSITE THIRUVAMBADY TEMPLE,
              SHORNUR ROAD, THRISSUR 680 022.
      2       THE AUTHORISED OFFICER
              CITY UNION BANK LTD.,
              CREDIT RECOVERY AND MANAGEMENT DEPARTMENT,
              ADMINISTRATIVE OFFICE, NO.24-B,
              GANDHI NAGAR, KUMBAKONAM,
              THANJAVUR DISTRICT,
              TAMIL NADU 612 001.
      3       BIJU C P
              PROPRIETOR, M/S. ACE COMPUTERS,
              NO.13, 2ND FLOOR, GOOD LUCK BUILDING,
              VELIYANOOR,
              THRISSUR 680 021.
      4       BIJU C.P.
              PROPRIETOR, M/S. ACE ASSOCIATES,
              ARAFA TOWERS, VELIYANOOR ROAD,
 O.P.(DRT) Nos.69 & 71/21        -:4:-


              THRISSUR -22.
      5       BIJU C.P.
              PROPRIETOR, M/S. ABBATEL, NO.11/551,
              ROSHMA NIVAS, VELIYANOOR,
              OPPOSITE MATHRUBHUMI,
              THRISSUR 680 021
              BY ADVS.
              SRI.THOMAS T.VARGHESE, SC
              SRI.S.S. ARAVIND
              SMT.ACHU SUBHA ABRAHAM


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY
HEARD ON 01.09.2021 ALONG WITH O.P.(DRT) NO.69 OF 2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(DRT) Nos.69 & 71/21               -:5:-




                       BECHU KURIAN THOMAS, J.
                    ------------------------------------------
                    O.P.(DRT) Nos.69 & 71 of 2021
                    ------------------------------------------
                 Dated this the 1st day of September, 2021

                                 JUDGMENT

O.P.(DRT) No.69 of 2021 is filed by the borrower and O.P.

(DRT) No.71 of 2021 is filed by the guarantor. These original

petitions were preferred on account of the fact that Debts Recovery

Tribunal-II, Ernakulam was not functioning due to the post of the

Presiding Officer of Debts Recovery Tribunal-II, Ernakulam falling

vacant.

2. It is submitted across the Bar by the learned counsel for the

petitioners as well as the learned counsel for the respondents that

the Debts Recovery Tribunal-I, Ernakulam, has now been handed

over the charge of Debts Recovery Tribunal-II, Ernakulam, by a

recent notification.

3. In view of the above, nothing stands as a hurdle for the

Debts Recovery Tribunal-in-charge to consider the application.

Accordingly nothing further survives in these original petitions and

the petitioners are permitted to seek indulgence of the Debts

Recovery Tribunal-I, Ernakulam, for appropriate consideration in

accordance with law, if circumstances so warrant.

The original petitions are disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

vps

APPENDIX OF OP (DRT) 69/2021

PETITIONER'S/S' EXHIBITS EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF S.A NO.

157/2021 FILED BY THE PETITIONERS/ APPLICANTS BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.

EXHIBIT P2 TRUE COPY OF SALE NOTICE DATED 30-03-

2021 ISSUED BY THE RESPONDENTS IMPUGNED IN THE S.A NO. 157/2021.

APPENDIX OF OP (DRT) 71/2021

PETITIONER'S/S' EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AS UN- NUMBERED SA HAVING ID NO.4247/2021 BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM ALONG WITH ANNEXURES.