Brijith M. Raj vs Repatriates Co-Operative ...
2021 Latest Caselaw 18316 Ker

OP (DRT) No.27/2021                        1/3




                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT
                      THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
                Tuesday, the 7th day of September 2021 / 16th Bhadra, 1943

                                 OP (DRT) NO. 27 OF 2021

S.A (Diary No. 357/2021) of the DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM.

   PETITIONER:

          BRIJITH M. RAJ AGED 37 YEARS S/O. RAJAYYAN S, RAJ BHAVAN, TC
          18/1380(2), DAS NAGAR, KUNNAPUZHA, ARAMADA P.O, THIRUVANANTHAPURAM
          DISTRICT, PIN - 695 032.

   RESPONDENTS:

      1. REPATRIATES CO-OPERATIVE FINANCE AND DEVELOPMENT BANK LTD (REPCO
         BANK) U.K. EDIFICE COMPLEX, GROUND FLOOR, CHENTHITTA-KANNETTUMUKKU
         ROAD, VALIYASALA, CHALAI POST, THIRUVANANTHAPURAM - 695036.

      2. THE AUTHORIZED OFFICER REPATRIATES CO-OPERATIVE FINANCE AND
         DEVELOPMENT BANK LTD, U.K. EDIFICE COMPLEX, GROUND
         FLOOR., CHENTHITTA-KANNETTUMUKKU ROAD, VALIYASALA, CHALAI POST,
         THIRUVANANTHAPURAM - 695036.

      3. BRANCH MANAGER REPATRIATES COOPERATIVE FINANCE AND DEVELOPMENT BANK
         LTD, U.K. EDIFICE COMPLEX, GROUND FLOOR., CHENTHITTA-KANNETTUMUKKU
         ROAD, VALIYASALA, CHALAI POST, THIRUVANANTHAPURAM - 695036.


        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 under Exhibit P2 and
   Exhibit P3 pending final disposal of the above Original Petition.


        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.J.GLAXON, AMAL JEES ALEX, RAGHUL SUDHEESH & J.LAKSHMI Advocates
   for the petitioners and of M/S V.KRISHNA MENON, P.VIJAYAMMA & J.SURYA
   Advocates for the respondents 1 & 2, the court passed the following:
 OP (DRT) No.27/2021                       2/3




                                    O R D E R

Admit. It is seen from Exhibit P7 judgment of the Madras High Court that the respondents have been found to be not a Bank or a financial institution coming within the purview of the securitisation and reconstruction of Financial Assests and Enforcement of Security Interest Act, 2002.

In the said circumstances, there will be an interim stay as prayed for, for a period of six months.

                                           Sd/- BECHU KURIAN THOMAS, JUDGE




07-09-2021                  /True Copy/                           Assistant Registrar
 OP (DRT) No.27/2021                 3/3

                       APPENDIX OF OP (DRT) 27/2021
EXHIBIT P3            TRUE COPY OF THE POSSESSION NOTICE DATED 16.12.2020
                      ISSUED BY THE 2nd RESPONDENT.
EXHIBIT P7            TRUE COPY OF THE JUDGMENT DATED 3.03.2021 PASSED BY THE

HON'BLE MADRAS HIGH COURT IN W.P NO. 33133 OF 2019. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 10.03.2020 ISSUED BY THE 2nd RESPONDENT.