Kerala High Court
Elsy Jose vs Icici Bank Limited on 7 April, 2022
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. 350 OF 2021
AGAINST M.A. NO.31/2021 IN S.A.NO. OF 2021(UNNUMBERED)ON THE
FILE OF DEBT RECOVERY TRIBUNAL - 2, ERNAKULAM
PETITIONER:
ELSY JOSE, AGED 62 YEARS,
W/O. C. V. JOSE, CHALISSERRY EBENEZER HOUSE,
CHITOOR ROAD, PACHALAM P. O., ERNAKULAM - 682 012.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
RESPONDENT:
1 M/S.ICICI BANK LTD.,
REPRESENTED BY ITS AUTHORISED OFFICER,
ZONAL OFFICE, PUSHPAMANGALAM ESTATES,
NH BYE PASS, EDAPALLY, KOCHI - 682 024.
2 BRANCH MANAGER, M/S ICICI BANK LTD.,
ZONAL OFFICE, PUSHPAMANGALAM ESTATES,
NH BYE PASS, EDAPALLY, KOCHI - 682 024.
BY ADV SRI. LAL K JOSEPH, 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) 350/2021
2
BECHU KURIAN THOMAS, J
..............................................
O.P.(DRT) No.350 of 2021
.....................................
Dated this the 7 th day of April, 2022
JUDGMENT
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.
2. Petitioners have already preferred an unnumbered
S.A of 2021 before the Debts Recovery Tribunal-I,
Ernakulam. However, due to the non functioning of
the said Tribunal, petitioner could not obtain
appropriate reliefs.
3. When the matter was taken up for consideration,
this Court had granted an interim order of stay,
which continues till date.
4. Sri.Lal K.Jose, the learned Standing Counsel for the
respondent-Bank submitted that the Tribunal has
OP (DRT) 350/2021
commenced its functioning and the petitioners can
pursue their statutory remedy before the Tribunal.
5. Taking note of the changed circumstances, I am of
the view that this original petition need not be kept
pending.
6. Therefore, reserving the liberty of the petitioners to
pursue their remedy before the Tribunal, this
original petition is disposed. However, the interim
order dated 01.04.2022 shall continue for a further
period of 60 days to enable the petitioners to pursue
their statutory remedy before the Tribunal, in
accordance with law.
The original petition is disposed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/08/04//2022
OP (DRT) 350/2021
APPENDIX OF OP (DRT) 350/2021
PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE NOTICE UNDER SECTION
13(12) ISSUED BY THE RESPONDENT DATED
10.11.2020.
EXHIBIT P2 TRUE COPY OF THE SECOND APPEAL
(UNNUMBERED) FILED BY THE PETITIONER
BEFORE THE DEBTS RECOVERY TRIBUNAL,
ERNAKULAM.
EXHIBIT P2(A) TRUE COPY OF THE M.A.NO.31 OF 2021 IN
S.A. OF 2021 (UNNUMBERED) FILED BY THE
PETITIONER BEFORE THE DEBTS RECOVERY
TRIBUNAL, ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE RESPONDENT IN M.A.NO.31 OF 2021 IN
S.A.NO. OF 2021 (UNNUMBERED) DATED
24.02.2021.
EXHIBIT P4 TRUE COPY OF THE SYMBOLIC POSSESSION
NOTICE UNDER SECTION 13(4) ISSUED BY THE
RESPONDENTS DATED 07.12.2021.
EXHIBIT P5 TRUE COPY OF THE POST SYMBOLIC INTIMATION
NOTICE ISSUED BY THE RESPONDENTS DATED
09.12.2021.
EXHIBIT P6 TRUE COPY OF THE VACATION NOTICE ISSUED
BY THE RESPONDENTS DATED 09.12.2021.
EXHIBIT P7 TRUE COPY OF THE PRE-SALE NOTICE ISSUED
BY THE RESPONDENTS DATED 09.12.2021.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JDUGE
