M K Kabeer vs Federal Bank Limited
2022 Latest Caselaw 4459 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
                        OP (DRT) NO. 256 OF 2022
 IN ID 3724/2022 IN SA     /2022 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM


PETITIONERS:

    1     M K KABEER, AGED 57 YEARS, S/O LATE KOCHUNNI,
          MUCHETHU HOUSE (PERIYAR HOUSE)
          MUDICKAL P.O, PERUMBAVOOR,
          ERNAKULAM DISTRICT, PIN - 683547.

    2     FAJITHA KABEER, AGED 51 YEARS, W/O.M.K.KABEER,
          MUCHETHU HOUSE (PERIYAR HOUSE), MUDICKAL P.O,
          PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683547.

          BY ADV.SRI.SHARAN SHAHIER



RESPONDENT:

          FEDERAL BANK LIMITED,
          REPRESENTED BY ITS AUTHORISED OFFICER AND DEPUTY VICE
          PRESIDENT LORD-ERNAKULAM DIVISION, FEDERAL TOWERS,
          GROUND FLOOR, MARINE DRIVE, ERNAKULAM, PIN:682031.

          SRI.PAULOCHAN ANTONY, SC.


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 12.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 256 OF 2022
                                  -2-

                              JUDGMENT

The prayers made in this OP(DRT) is to stay

all further proceedings pursuant to Exts.P1 to P3

pending consideration of Ext.P5 application before

the Debt Recovery Tribunal-I, Ernakulam ('DRT',

for short).

2. Heard the learned counsel for the

petitioners as well as the learned Standing

Counsel for the Bank.

3. Having regard to the fact that S.A. is

pending consideration before the DRT, all coercive

steps against the petitioners will stand deferred

till 30.04.2022. In the meantime, the petitioners

will have to file an appropriate application in

the pending S.A. for getting an order of stay.

4. If the petitioners file an application

seeking an interim order of stay within a period

of one week from today, if it is not already

filed, there will be a direction to the DRT to OP (DRT) NO. 256 OF 2022

consider the said application within a period of

three weeks thereafter. Till orders are passed by

the DRT, all coercive steps will stand deferred.

This OP(DRT)is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE akv OP (DRT) NO. 256 OF 2022

APPENDIX OF OP (DRT) 256/2022

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT ISSUED TO THE PETITIONER ON 10.05.2019

EXHIBIT P2 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENT UNDER RULE 8 (1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002 DATED 03.09.2019

EXHIBIT P3 THE TRUE COPY OF THE NOTICE DATED 08.03.2022 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE LEARNED ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM IN M.C NO:192/2020

EXHIBIT P4 THE TRUE COPY OF THE DEATH CERTIFICATE DATED 09.03.2022 ISSUED BY EDATHALA GRAMA PANCHAYATH CERTIFYING THAT PATHU HAD EXPIRED ON 03.08.2019

EXHIBIT P5 THE TRUE COPY OF THE SA FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL-1, ERNAKULAM ON 5.04.2022 (WITHOUT ANNEXURES).

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE