Bijumon P.M vs Dewan Housing Finance ...
2022 Latest Caselaw 4290 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. 157 OF 2021
          AGAINST THE ORDER/JUDGMENT IN ID 3278/2021 OF DEBT
                   RECOVERY TRIBUNAL - II, ERNAKULAM
PETITIONERS:

      1      BIJUMON P.M,
             AGED 45 YEARS
             S/O. MANIYAPPAN, LAKSHMIBHAVANAM, KANNANKARA,
             THANNERMUKKAM, ALAPPUZHA-688 527.
      2      SEEMA M.V, AGED 40 YEARS, W/O. BIJUMON P.M,
             LAKSHMIBHAVANAM, KANNANKARA, THANNERMUKKAM,
             ALAPPUZHA - 688 527.

             BY ADV K.MOHAMMED RAFEEQ


RESPONDENTS:

      1      DEWAN HOUSING FINANCE CORPORATION LTD.,
             GROUND FLOOR, KMM BUILDING, PALARIVATTOM,
             ERNAKULAM-682 025, REPRESENTED BY ITS
             AUTHORISED OFFICER
      2      THE REGISTRAR,
             DEBT RECOVERY TRIBUNAL-II, ERNAKULAM, 2ND FLOOR,
             HOUSING BOARD BUILDING, PANAMPALLY NAGAR,
             ERNAKULAM - 682 036.



             ADV. POULOCHAN ANTONY, SC - R1



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. 157 OF 2021
                                                   2



                           BECHU KURIAN THOMAS, J
                         ..............................................
                            O.P.(DRT) No.157 of 2021
                            .....................................
                       Dated this the 7 th day of April, 2022

                                         JUDGMENT

Petitioner challenges the securitisation proceedings and

contends that though he has preferred S.A.No.125/2021

before the Debts Recovery Tribunal-II, Ernakulam, due to the

non functioning of the said Tribunal, further reliefs could

not be obtained.

2. Having regard to the fact that the Tribunal has now

commenced its functioning, I am of the opinion that the

petitioner must be relegated to pursue his remedies before

the Tribunal.

3. Therefore, reserving the liberty of the petitioner to pursue

his statutory remedies, this original petition is disposed of.

The interim order dated 31.03.2022 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.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/08/04//2022 OP (DRT) NO. 157 OF 2021

APPENDIX OF OP (DRT) 157/2021

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 14.8.2017 IN WPC NO.24299/2017 ON THE FILE OF THIS HONOURABLE COURT.

EXHIBIT P2 TRUE COY OF THE JUDGMENT 8.8.2019 IN WPC NO.20988/2019 ON THE FILE OF THIS HONOURABLE COURT.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 12.3.2021 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF SA NO.125/2021 ON THE FLE OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.

EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 31.3.2021 IN O.P.(DRT) NO.28/2021 ON THE FILE OF THIS HONOURABLE COURT. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 3.9.2021 IN OP (DRT) NO.28/2021.

 RESPONDENTS EXHIBITS :           NIL




                                                              TRUE COPY