Kerala High Court
Rajan Joseph vs Indian Overseas Bank on 22 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
W.P.(C) NO.14254 OF 2022
PETITIONERS:
1 RAJAN JOSEPH,
AGED 61 YEARS, S/O. JOSE,
THOZHUTHUMPARAMBIL,
CHALAKUDY TALUK, KUTTICHIRA VILLAGE,
KORMALA DESOM, VELLIKULANGARA P.O., PIN-680 699.
2 PRAMEELA RAJAN,
AGED 58 YEARS, W/O. RAJAN JOSEPH,
THOZHUTHUMPARAMBIL,
CHALAKUDY TALUK, KUTTICHIRA VILLAGE,
KORMALA DESOM, VELLIKULANGARA P.O., PIN-680 699.
BY ADVS.
K.S.BHARATHAN
ALPHIN ANTONY
AADITHYAN S.MANNALI
VISAKH ANTONY
CHRISTINE MATHEW
C.J.LIZY
RANCE R.
RESPONDENTS:
1 INDIAN OVERSEAS BANK,
THEKKEKKARA MANSION, 1ST FLOOR,
M.G.ROAD, ERNAKULAM
REPRESENTED BY ITS AUTHORIZED OFFICER,
PIN-682 016.
2 TAJUDEEN,
AGED 41 YEARS, S/O.MOHAMMED CHAKKANDAKATH,
VALIYAKANDATHIL,
KANNUR DISTRICT, KANNUR TALUK, PAPPINISSERY VILLAGE,
PAPPINISSERY DESOM AND P.O., PIN-670 561.
R1 ADV.SUNIL SANKAR, STANDING COUNSEL, INDIAN OVERSEAS BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) NO.14254 OF 2022
JUDGMENT
The petitioners have approached this Court mainly
seeking stay of operation and implementation of Exts.P4
and P5 including dispossession of the petitioners from the
property scheduled and grant a period of one month from
18.04.2022 to enable the petitioners to effectively pursue
statutory remedy for which they have already filed Ext.P10
appeal before the Debt Recovery Appellate Tribunal,
Chennai along with a stay petition.
2. The petitioners submits that they are taking
earnest steps to get the matter posted and to obtain the
interim order thereon. In the meantime, the petitioners
seek that all further proceedings pursuant to Exts.P4 and
P5 may be deferred.
3. I have heard the learned counsel for the
petitioners as well as the learned Standing Counsel for the
1st respondent Bank.
4. After taking into consideration the rival
contention of the parties, I dispose of the writ petition with
W.P.(C) NO.14254 OF 2022
a direction to the 1st respondent Bank not to proceed
further pursuant to Exts.P4 and P5 for a period of two
weeks, so as to enable the petitioners to move the Debt
Recovery Appellate Tribunal.
With the above observation and direction, this writ
petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
bpr
W.P.(C) NO.14254 OF 2022
APPENDIX
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 23/12/2021
IN O.S.NO.80/2020 ON THE FILES OF SUB
COURT, IRINJALAKUDA.
EXHIBIT P2 TRUE COPY OF THE POSSESSION NOTICE
DATED 23/12/2021.
EXHIBIT P3 TRUE COPY OF MEMORANDUM OF S.A.NO.115
OF 2022 ALONG WITH ANNEXURES DATED
14/01/2022 FILED BY THE PETITIONER
BEFORE D.R.T.-I, ERNAKULAM.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 07/02/2022
IN M.C.55 OF 2022 ON THE FILES OF CHIEF
JUDICIAL MAGISTRATE COURT, THRISSUR
ALONG WITH SCHEDULE OF PROPERTY.
EXHIBIT P5 TRUE COPY OF THE NOTICE WHICH WAS GIVEN
TO THE PETITIONERS BY ADVOCATE
COMMISSIONER DATED NIL.
EXHIBIT P6 TRUE COPY OF APPLICATION FOR AMENDMENT
(WITHOUT EXHIBITS, THE I.D.NO.GRANTED
AS 3142 OF 2022) SUBMITTED BY
PETITIONERS BEFORE D.R.T.-I, ERNAKULAM
ON 25/03/2022.
EXHIBIT P7 TRUE COPY OF APPLICATION FOR STAY
SUBMITTED BY PETITIONERS BEFORE D.R.T.-
I, ERNAKULAM ON 25/03/2022 BEARING
NO.I.A.443 OF 2022.
EXHIBIT P8 TRUE COPY OF ORDER DATED 31/03/2022 IN
I.A.443 OF 2022 IN S.A.NO.115 OF 2022
ON THE FILES OF DRT-I, ERNAKULAM.
EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 01/04/2022
IN OP(DRT) 254 OF 2022 BY THIS HON'BLE
COURT.
W.P.(C) NO.14254 OF 2022
EXHIBIT P10 TRUE COPY OF MEMORANDUM OF APPEAL ALONG
WITH PETITIONS WITHOUT ANNEXURES DATED
05/04/2022 FILED BY THE PETITIONER
BEFORE DEBTS RECOVERY APPELLATE
TRIBUNAL, CHENNAI.
EXHIBIT P11 TRUE COPY OF THE DEMAND AND
DISCONNECTION NOTICE DATED 23/12/2021
ISSUED UNDER THE PROVISIONS OF THE
ELECTRICITY ACT,2003.
RESPONDENTS' EXHIBITS : NIL
