Anil Kumar.K vs The Manager, Canara Bank
2021 Latest Caselaw 18794 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                       WP(C) NO. 10321 OF 2021
PETITIONERS:

    1     ANIL KUMAR.K
          AGED 50 YEARS
          S/O. KARUNAKARA PANICKER, SOUPARNIKA, NEAR C.S.HIGH
          SCHOOL, KAYIPPURAM, MUHAMMA P.O., ALAPPUZHA DISTRICT-
          688 525.

    2     BEENA R. NAIR
          W/O. ANILKUMAR, SOUPARNIKA, NEAR C.S.HIGH SCHOOL,
          KAYIPPURAM, MUHAMMA P.O., ALAPPUZHA DISTRICT-688 525.

          BY ADV PREETHA ANIL RAVEENDRAN



RESPONDENTS:

    1     THE MANAGER, CANARA BANK
          MAYITHARA BRANCH, ALAPPUZHA-688539.

    2     AUTHORISED OFFICER
          CANARA BANK, REGIONAL OFFICE, ALAPPUZHA-688 011.

          BY ADVS.
          M.GOPIKRISHNAN NAMBIAR
          K.JOHN MATHAI
          JOSON MANAVALAN
          KURYAN THOMAS
          PAULOSE C. ABRAHAM
          RAJA KANNAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 10321 of 2021
                                  2


                 BECHU KURIAN THOMAS, J.
                 ----------------------------------------
                     WP(C) No. 10321 of 2021
                 ----------------------------------------
             Dated this the 9th day of September, 2021



                           JUDGMENT

The writ petition is filed at the time when Debt

Recovery Tribunal (DRT)-II, Ernakulam was not

functioning on account of the vacancy in the post of

Presiding Officer.

2. On 27.04.2021, this Court had granted an

interim order directing the petitioner to deposit an

amount of Rs.5,00,000/- within a period of three weeks

and directed the respondents to defer the sale proposed

as per Ext.P3 by eight weeks. It is submitted by the

learned Counsel for the petitioner that the condition could

not be complied with. An application has been filed as

I.A. No.1 of 2021 seeking enlargement of time for WP(C) No. 10321 of 2021

depositing an amount of Rs.5,00,000/-.

Having regard to the fact that the charge of DRT-II

has now been made over to DRT-I, Ernakulam. There is

no hurdle in the petitioner pursuing the securitisation

application before the Tribunal in charge. Having regard

to the fact, I am not inclined to grant extension of time

now sought for. The petitioner is free to work out his

remedies before DRT-I, Ernakulam.

Accordingly, this writ petition is disposed of leaving

the petitioner to work out the remedies before the

Tribunal.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ/09.09.2021 WP(C) No. 10321 of 2021

APPENDIX OF WP(C) 10321/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE O.A.338/2016 ON THE FILE OF THE DRT, ERNAKULAM DATED 12.4.2016.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 20.10.2016.

EXHIBIT P3 TRUE COPY OF THE E-AUCTION SALE NOTICE DATED 24.3.2021.

Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER