Kerala High Court
Nazeema Yakoob vs The Authorised Officer, Indian ... on 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
OP (DRT) NO. 135 OF 2022
AGAINST THE ORDER/JUDGMENT IN I.A.NO.1369/2021 IN SA 268/2021
OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/APPLICANT:
NAZEEMA YAKOOB, W/O.LATE YAKOOB,
AGED 62 YEARS
THEVAKKAL HOUSE, PUTHENCHANTA, VARKALA,
THIRUVANANTHAPURAM DISTRICT., PIN - 695141
BY ADVS.
JACOB SEBASTIAN
K.V.WINSTON
ANU JACOB
RESPONDENT/DEFENDANT:
THE AUTHORISED OFFICER, INDIAN BANK
PATTOM BRANCH, PATTOM PALACE JUNCTION, PATTOM P.O,
THIRUVANANTHAPURAM DISTRICT., PIN - 695 004.
BY ADVS.
SRI.S.EASWARAN, SC, INDIAN BANK
S.EASWARAN
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (DRT) 135/2022
2
BECHU KURIAN THOMAS, J
..............................................
O.P.(DRT) No.135 of 2022
.....................................
Dated this the 5 th day of April, 2022
JUDGMENT
By interim order dated 25.02.2022, this Court had
directed the proceedings for dispossession as well as
sale of the properties to be kept in abeyance on
conditional deposit. Petitioner has complied with
the condition.
2. The challenge in this original petition is against the
measures initiated under the Securitisation and
Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002. According to the
petitioner, this original petition was necessitated
since the Tribunal was not functioning and that the
respondents commenced proceeding with the
measures of enforcement of security interest.
3. The learned counsel for the petitioner further
OP (DRT) 135/2022
submitted that S.A.No.268/2021 is pending
consideration, in which, the petitioner was unable to
obtain any interim order against the measures
initiated.
4. Sri.S.Easwaran, the learned Standing Counsel for the
respondent, submitted that the Tribunal has
commenced its functioning and the petitioner can
pursue her statutory remedies before the Tribunal
rather than pursuing this original petition.
5. Having regard to the aforesaid submissions and
taking into the reckoning the pendency of
S.A.No.268/2021 before the Debts Recovery Tribunal-
II, Ernakulam, I am of the considered view that
petitioner ought to be permitted to pursue her
statutory remedies before the Tribunal.
6. Therefore, this original petition is disposed of,
permitting the petitioner to pursue the proceedings
in S.A.No.268/2021 pending before the Debts
OP (DRT) 135/2022
Recovery Tribunal-II, Ernakulam. However, the
interim order granted by this Court interdicting the
coercive action against the petitioner shall continue
for a period of 60 days from today to enable the
petitioner to approach the Tribunal seeking
appropriate reliefs.
The original petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/06/04//2022
OP (DRT) 135/2022
APPENDIX OF OP (DRT) 135/2022
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE ORDER DATED 28.12.2019
IN S.A NO.261/2017 OF THE HON'BLE DEBTS
RECOVERY TRIBUNAL-II, ERNAKULAM.
Exhibit-P2 A TRUE COPY OF THE POSSESSION NOTICE
DATED 30.07.2021 ISSUED UNDER SUB RULE
(1) OF RULE 8 OF THE ACT .
Exhibit-P3 A TRUE COPY OF S.A NO.268/2021 OF THE
HON'BLE DEBT RECOVERY TRIBUNAL-II,
ERNAKULAM DATED 11.10.2021.
Exhibit-P4 A TRUE COPY OF I.A.NO.1369/2021 IN S.A
NO.268/2021 OF THE HON'BLE DEBT RECOVERY
TRIBUNAL-I, ERNAKULAM DATED 11.10.2021.
Exhibit-P5 A TRUE COPY OF THE SALE NOTICE DATED
01.02.2022.
Exhibit-P6 THE TRUE COPY OF M.C. NO.116/2022 OF THE
COURT OF THE CHIEF JUDICIAL MAGISTRATE,
THIRUVANANTHAPURAM DATED 01.02.2022 .
RESPONDENTS EXHIBITS : NIL
TRUE COPY
