Kerala High Court
Shoba Paulson vs The Registrar, Drt on 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
OP (DRT) NO. 94 OF 2021
AGAINST THE ORDER/JUDGMENT IN SA 172/2021 OF DEBT RECOVERY TRIBUNAL-II,
ERNAKULAM, ERNAKULAM
PETITIONERS:
1 SHOBA PAULSON, AGED 51 YEARS
WIFE OF PAULSON JOSEPH,
MLAKUZHIYIL HOUSE, MUTTOM, IDUKKI DISTRICT
2 PAULSON JOSEPH, AGED 52 YEARS,
SON OF JOSEPH, MLAKUZHIYIL HOUSE,
MUTTOM, IDUKKI DISTRICT
BY ADVS.G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
T.T.SHANIBA
M.V.VIPINDAS
AMAL DEV D
RESPONDENTS:
1 THE REGISTRAR,
DEBT RECOVERY TRIBUNAL-II, KSHB BUILDING,
PANAMPILLY NAGAR, ERNAKULAM- 682 036
2 THE GENERAL MANAGER AND AUTHORISED OFFICER
(APPOINTED UNDER THE SECURITISATION AND RECONSTRUCTION OF
FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002)
THODUPUZHA URBAN CO-OPERATIVE BANK LTD NO.394, THODUPUZHA,
UDUMBANOOR RD, MUTHALAKODAM,
IDUKKI DISTRICT 685 605
3 THODUPUZHA URBAN CO-OPERATIVE BANK LTD NO.394
THODUPUZHA, UDUMBANOOR RD, MUTHALAKODAM,
IDUKKI DISTRICT 685 605
REPRESENTED BY ITS AUTHORISED OFFICER (APPOINTED UNDER THE
SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND
ENFORCEMENT OF SECURITY INTEREST ACT, 2002)
BY ADV ATHUL SHAJI
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 08.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 94 OF 2021
2
BECHU KURIAN THOMAS, J
.............................................
O.P.(DRT) No.94 of 2021
.....................................
Dated this the 8th day of September, 2021
JUDGMENT
It is submitted by the learned counsel for the respondents
that the charge of DRT-II, Ernakulam is made over to DRT-I,
Ernakulam; and that the cases of DRT-II are being taken up
for consideration before the Tribunal. It is also submitted
that the case of the petitioners has been posted to
17.09.2021.
2. Having regard to the aforesaid submission, this original
petition is disposed of, directing the petitioners to pursue
their remedies before the Tribunal. However, taking note of
the interim order granted by this Court on 29.07.2021, it is
directed that the said interim order shall continue till
17.09.2021 to enable the petitioners to seek appropriate
reliefs from the Tribunal in charge.
The original petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS,
JUDGE
AMV/08/09//2021
OP (DRT) NO. 94 OF 2021
APPENDIX OF OP (DRT) 94/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INTERIM ORDER DATED
14/05/2021 PASSED IN WP(C) 10825/2021
Exhibit P2 TRUE COPY OF THE AUCTION NOTICE DATED 01-
07-2021 ISSUED BY THE DEFENDANT BANK ALONG
WITH ENGLISH TRANSLATION
Exhibit P3 TRUE COPY OF THE MEMORANDUM OF
SECURITISATION APPLICATION NUMBERED AS SA
172/2021 FILED BY THE PETITIONERS BEFORE
THE DRT -II, ERNAKULAM
Exhibit P4 TRUE COPY OF THE STAY PETITION FILED IN
EXHIBIT P3 APPLICATION
Exhibit P5 TRUE COPY OF THE RECEIPT EVIDENCING
PAYMENT OF RS.45,505/- BY THE PETITIONERS
AS COURT FEE BEFORE THE DRT-II, ERNAKULAM
Exhibit P6 TRUE COPY OF THE CASE STATUS OF EXHIBIT P3
SECURITISATION APPLICATION PENDING BEFORE
THE DRT-II, ERNAKULAM
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
