Joseph N Dominic vs The Authorised Officer, South ...
2021 Latest Caselaw 19259 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943

                     WP(C) NO. 18991 OF 2021

PETITIONERS:

    1       JOSEPH N DOMINIC
            S/O. DOMINIC,
            NELLIMALAMATTATHIL HOUSE,
            THIMIRI POST, CHAPPARAPPADAVU,
            TALIPARAMBA, KANNUR, PIN-670 142
    2       LINDA JOSEPH
            W/O. JOSEPH N DOMINIC,
            NELLIMALAMATTATHIL HOUSE, THIMIRI POST,
            CHAPPARAPPADAVU, TALIPARAMBA,
            KANNUR, PIN-670 142
            BY ADV VINOD VALLIKAPPAN


RESPONDENT:

            THE AUTHORISED OFFICER,
            SOUTH INDIAN BANK
            REGIONAL OFFICE, KVR TOWER,
            PAMBAN MADHAVAN ROAD, TALAP,
            KANNUR ,PIN-670 002
            SRI.SUNIL SHANKAR, SC

     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   14.09.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.18991/21                  -:2:-




                     BECHU KURIAN THOMAS, J.
                     -----------------------------------------
                        W.P.(C) No.18991 of 2021
                     -----------------------------------------
                Dated this the 14th day of September, 2021

                                JUDGMENT

Petitioners seek a breathing time to pursue their remedies

before the Debts Recovery Tribunal. It is submitted that the

petitioners have already filed securitisation application, numbered as

S.A. No.172 of 2021. However the Presiding Officer of the Tribunal

is on leave till 16.9.2021.

2. To enable the petitioners to move for appropriate orders

before the Tribunal, the respondent bank through Adv.Sunil Shankar

submits that no proceedings will be initiated till 22.9.2021 to

dispossess the petitioners from the property till that date.

The writ petition is disposed of recording the above submission.

Sd/-

BECHU KURIAN THOMAS JUDGE vps

APPENDIX OF WP(C) 18991/2021

PETITIONER'S/S' EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WPC 10000 OF 2021 DATED 16.04.2021 Exhibit P2 TRUE COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER IN CMP NO.1703 OF 2020 FILED BY THE RESPONDENT BEFORE THE CJM COURT, THALASSERY DATED 24.08.2021 Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 10.09.2021 OF THE DRT ERNAKULAM