Abdul Nazer A. P vs The Authorised Officer /Asst. ...
2022 Latest Caselaw 4247 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. 358 OF 2021
     AGAINST THE ORDER/JUDGMENT IN SA 178/2018 OF DEBT RECOVERY
                          TRIBUNAL - 1, ERNAKULAM
PETITIONER/APPLICANT:

             ABDUL NAZER A. P.
             S/O. MOIDEEN HAJI, ANAPPARA HOUSE,
             UNNIKKULAM P. O., THAMARASSERI, KOZHIKODE.

             BY ADVS.
             BABY THOMAS
             ALICIA JOSE
             K.ANIL JOSEPH
             V.ANOOP
             MARIAMMA JOSEPH
             GEORGE T.J


RESPONDENT/DEFENDANT:

             THE AUTHORISED OFFICER /ASST. GENERAL MANAGER IN
             CHARGE
             THE CALICUT CO-OPERATIVE URBAN BANK LTD. NO.1538,
             KALLAI ROAD, KOZHIKODE - 673 002.

             BY ADV.
             SRI. DEVAPRASANTH.P.J.



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) NO. 358 OF 2021
                                           2



                      BECHU KURIAN THOMAS, J
                    ..............................................
                       O.P.(DRT) No.358 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. Petitioner has already preferred S.A.No.178/2018

before the Debts Recovery Tribunal-I, Ernakulam.

However, due to the non functioning of the said

Tribunal, petitioner could not obtain appropriate

reliefs.

3. At the time of admission, this Court had granted an

interim order of stay, which continues till today.

4. Sri.Devaprasanth P.J., the learned Standing Counsel

for the respondent submitted that the Tribunal has

commenced its functioning and the petitioner can OP (DRT) NO. 358 OF 2021

pursue his 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. Therefore, reserving the liberty of the

petitioner to pursue his remedies before the

Tribunal, this original petition is closed. However,

the interim order dated 01.04.2022 shall continue for

a further period of 60 days to enable the petitioner

to pursue the statutory remedies before the Tribunal,

in accordance with law.

The original petition is closed.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/08/04//2022 OP (DRT) NO. 358 OF 2021

APPENDIX OF OP (DRT) 358/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 16.12.2021.

EXHIBIT P2 TRUE COPY OF AMENDMENT PETITION ALONG WITH ANNEXURES FILED ON 27.12.2021 BEFORE DRT-1, ERNAKULAM.

EXHIBIT P3 TRUE COPY OF STAY PETITION FILED BEFORE DRT-1, ERNAKULAM ON 27.12.2021. RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JDUGE