Prasad vs Csb Bank Ltd
2022 Latest Caselaw 4243 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
    THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA,
                          1944
               OP (DRT) NO. 119 OF 2022
AGAINST SA NO.250 OF 2020 ON THE FILE OF DEBT RECOVERY
                 TRIBUNAL, ERNAKULAM.
PETITIONER/APPLICANT IN SA :

        PRASAD, AGED 60 YEARS,
        S/O.DIVAKARAN, PROPRIETOR,
        M/S.AZAD VEHICLE FINANCE AND HIRE PURCHASE,
        CHOICE BUILDING,K.S.PURAM P.O,
        KARUNAGAPPALLY, KOLLAM DISTRICT
        KOLLAM, PIN - 690544
        BY ADVS.
        V.PHILIP MATHEWS
        GIBI.C.GEORGE
        E.RADHAKRISHNAN

RESPONDENTS:

   1    CSB BANK LTD
        PUTHIYAKAVU BRANCH, KARUNAGAPALLY,
        KOLLAM DISTRICT,
        REPRESENTED BY ITS CHIEF MANAGER
        KOLLAM, PIN - 690 518
   2    THE AUTHORISED OFFICER,
        CSB BANK LTD, ZONAL OFFICE,
        MALANKARA BUILDING COMPLEX,
        PALAYAM, THIRUVANANATHAPURAM, PIN - 695 034

        BY ADV SUJESH KUMAR, SC.


THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 OP (DRT) 119/2022
                                                 2



                               BECHU KURIAN THOMAS, J
                             ..............................................
                                O.P.(DRT) No.119 of 2022
                                .....................................
                           Dated this the 7 th day of April, 2022

                                          JUDGMENT

Though the petitioner has not complied with the condition in

the interim order dated 10.02.2022, it is submitted that the

Debts Recovery Tribunal has listed S.A.No.250/2020 for

consideration on 20.04.2022, and that petitioner ought to

pursue his statutory remedies.

2. The learned counsel for the petitioner submitted that instead

of Rs.27,00,000/- directed to be paid, petitioner could pay

only Rs.5,00,000/-.

3. Though petitioner has failed to comply with the condition

imposed in the interim order dated 10.02.2022, the said

interim order shall continue till the next posting before the

Debts Recovery Tribunal and thereafter the petitioner ought

to pursue his statutory remedies before the Tribunal in

accordance with law.

Writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/08/04//2022 OP (DRT) 119/2022

APPENDIX OF OP (DRT) 119/2022

PETITIONER'S EXHIBITS :

Exhibit P1 COPY OF NOTICE DATED 28-05-2020 ISSUED BY THE SECOND RESPONDENT UNDER SECTION 13(2) OF THE SARFEASI ACT.

Exhibit P2 COPY OF REPRESENTATION/OBJECTION DATED 07-09-2020 SENT BY THE PETITIONER TO THE SECOND RESPONDENT.

Exhibit P3 COPY OF REPLY DATED 14-09-2020 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

Exhibit P4 COPY OF POSSESSION NOTICE DATED 30-11-

2020.

Exhibit P5 COPY OF LETTER DATED 01-12-2020 ISSUED BY THE SECOND RESPONDENT.

Exhibit P6 COPY OF S.A.NO.250/2020 FILED BY THE PETITIONER BEFORE THE DEBTS RECOVERY TRIBUNAL-2, ERNAKULAM (WITHOUT ANNEXURES.

Exhibit P7 COPY I.A.NO.1267/2020 (STAY PETITION) FILED BY THE PETITIONER BEFORE THE DEBTS RECOVERY TRIBUNAL-2, ERNAKULAM.

Exhibit P8 COPY OF M.C.NO.222/2021 FILED BY THE SECOND RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM.

Exhibit P9 COPY OF ORDER DATED 20-12-2021 IN M.C.NO.222/2021 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM. OP (DRT) 119/2022

Exhibit P10 COPY OF I.A NO.1652/2021 (AMENDMENT APPLICATION) FILED BY THE PETITIONER BEFORE DRT-2 IN S.A.NO.250/2020 (WITHOUT ANNEXURES).

Exhibit P11 COPY OF I.A NO.1651/2021 (STAY PETITION) FILED BY THE PETITIONER BEFORE DRT-2 IN S.A.NO.250/2020.

Exhibit P12 COPY OF CHALLANS EVIDENCING PAYMENT OF RS.60 LAKHS.

Exhibit P13 COPY NOTICE DATED 31-01-2022 ISSUED BY ADVOCATE COMMISSIONER (ADV ASHA SURESH).

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JDUGE