Haneefa. U. V vs The Authorised Officer/Chief ...
2022 Latest Caselaw 4519 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                    OP (DRT) NO. 260 OF 2022
 AGAINST THE ORDER/JUDGMENT IN SA 58/2019 OF DEBT RECOVERY
                       TRIBUNAL, ERNAKULAM
PETITIONER/S:

            HANEEFA. U. V
            AGED 52 YEARS
            â€D̃EVIKRIPA’, HOUSE NO. 57/2207/B1,GOODWILL
            LANE, KADAVANTHRA,ERNAKULAM VILLAGE, KANAYANNUR
            TALUK,ERNAKULAM DISTRICT, PIN - 682020
            BY ADVS.
            N.ABHILASH
            M.R.REENA
            P.S.SUJETH

RESPONDENT/S:

    1       THE AUTHORISED OFFICER/CHIEF MANAGER
            STATE BANK OF INDIA, SMEC, ERNAKULAM, PIN -
            682031
    2       THE BRANCH MANAGER
            STATE BANK OF INDIA, SHENOYEES THEATRE ROAD
            BRANCH, ERNAKULAM, PIN - 682031
            ADV. SRI. S. ESWARAN
     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION    ON   19.04.2022,     THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 OP (DRT) NO. 260 OF 2022




                                            -2-


                              MOHAMMED NIAS C.P.J.
                           ..........................................
                              O.P(DRT) No.260/2022
                            .........................................


                      Dated this the 19h day of April, 2022


                                       JUDGMENT

The above OP(DRT)is filed seeking for the

following reliefs:

i. Issue an order declaring that all further proceedings to be illegal, while pending consideration of the Exhibits-P3 to P5, Interlocutory Applications before the Debts Recovery Tribunal-I at Ernakulam, until the Tribunal considers and passes appropriate orders on Ext.P3 to P5 petitions.

ii. Issue an order direction to the Debts Recovery Tribunal-I at Ernakulam to consider and pass appropriate orders in all pending Interlocutory Applications, in S.A.No.58 of 2019, within a time limit specified by this Honourable Court, in the interest of justice and equity.

iii. Issue other order or direction which this Honourable Court may deem fit and proper to grand in the circumstances of the case.

2. Adv. S Eswaran appeared for respondents.

3. Having regard to the facts and circumstances

of the case, there will be a direction to the

Tribunal to consider Exts.P3 to P5 applications OP (DRT) NO. 260 OF 2022

filed before it and pass orders in accordance with

law after hearing both sides within a period of two

months from the date of receipt of a copy of this

judgment. Till the orders are passed as above, all

coercive steps against the petitioner shall be kept

in abeyance.

OP(DRT) is disposed as above.

Sd/- Mohammed Nias. C.P., Judge.

H/o 19/4/2022

/true copy/ OP (DRT) NO. 260 OF 2022

APPENDIX OF OP (DRT) 260/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE STATUS OF THE S.A NO.

58 OF 2019, PENDING BEFORE THE DRT-I, ERNAKULAM Exhibit P2 TRUE COPY OF THE NOTICE DATED 05-04-2022 ISSUED BY THE ADVOCATE COMMISSION Exhibit P3 TRUE COPY OF THE AFFIDAVIT WITH PETITION TO ADVANCE THE CASE FROM 18-07-2022 TO A NEAR DATE Exhibit P4 TRUE COPY OF THE STAY PETITION DATED 18-

04-2022 Exhibit P5 TRUE COPY OF THE AMENDMENT PETITION WITHOUT ANNEXURES DATED 18-04-2022