Abhilas H. N .S vs Canara Bank
2022 Latest Caselaw 11284 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                          OP (DRT) NO. 465 OF 2022
 (AGAINST S.A. NO. 187/2021 ON THE FILES OF DEBTS RECOVERY TRIBUNAL-II,
                                 ERNAKULAM)
PETITIONER/APPLICANT:

     1        ABHILAS H. N .S
              AGED 43 YEARS
              S/O. C.K. SASIDHARAN
              NEDUMPALLIYIL HOUSE
              KANAKKARY PO, KOTTAYAM, PIN - 686632
              BY ADVS.
              SADCHITH.P.KURUP
              C.P.ANIL RAJ
              SIVA SURESH

RESPONDENTS/DEFENDANTS:

     1        CANARA BANK
              KANAKKARY BRANCH
              ARAVINDAM BUILDING
              HOSPITAL JUNCTION
              KANAKKARY, KOTTAYAM 686 632
              REPRESENTED BY ITS BRANCH MANAGER
     2        THE AUTHORISED OFFICER
              CANARA BANK, KANAKKARY BRANCH
              ARAVINDAM BUILDING
              HOSPITAL JUNCTION
              KANAKKARY, KOTTAYAM, PIN - 686632
              BY ADVS.
              SANTHOSH PETER (MAMALAYIL)
              P.N.ANOOP(K/1451/2003)
              M.S.SANDEEP SUDHAKARAN(K/000598/2018)
              ROHIT LOBO(K/000446/2022)

     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT) No.465 of 2022
                                  2




                           JUDGMENT

Dated this the 02nd day of December, 2022

The petitioner has approached this Court being

aggrieved by the fact that steps are being taken to

take physical possession of the secured asset under

the provisions of the SARFAESI Act, 2002 at a time

when Ext.P13 interlocutory application filed in S.A.

No.187/2021 seeking stay of proceedings is pending

consideration before the Debts Recovery Tribunal-II,

Ernakulam.

2. Heard the learned counsel for the respondent

bank also.

Having regard to the facts and circumstances of

the case and considering the limited nature of relief

sought for by the petitioner, this original petition will

stand disposed of directing that steps for taking

physical possession of the secured asset shall stand

suspended till 15.12.2022 to enable the petitioner to OP(DRT) No.465 of 2022

seek appropriate relief from the Debts Recovery

Tribunal. I make it clear that I have not expressed

any opinion on the merits of the matter. It will be

open to the Tribunal to decide the matter in

accordance with law.

Sd/-

GOPINATH P.

JUDGE SKP/2-12 OP(DRT) No.465 of 2022

APPENDIX OF OP (DRT) 465/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF SA NO. 187/2021 DATED 9.8.2021 FILED BY PETITIONER BEFORE DRT 2, ERNAKULAM EXHIBIT P2 TRUE COPY OF NOTICE DATED 14.3.2022 ISSUED BY THE ADVOCATE COMMISSIONER EXHIBIT3 TRUE COPY OF AMENDMENT APPLICATION DATED 24.3.2022 FILED IN SA NO. 187/2021 BY THE PETITIONER EXHIBIT P4 TRUE COPY OF STAY PETITION I.A. NO. 475/2022 IN SA NO. 187/2021 DATED 24.3.22 FILED BY PETITIONER EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 30/03/2022 IN OP (DRT) NO. 253 OF 2022 BY THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS IN SA NO. 187/2022 OBTAINED FROM THE PORTAL OF THE DRT EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 26.7.2022 PASSED IN OP DRT 275/2022 EXHIBIT P8 TRUE COPY OF NOTICE DATED 13.7.2022 ISSUED BY ADVOCATE COMMISSIONER EXHIBIT P9 TRUE COPY OF STAY PETITION DATED 30.8.2022 IN SA NO.187/2021 FILED BY THE PETITIONER EXHIBIT P10 TRUE COPY OF ADVANCE PETITION DATED 30.8.2022 IN SA NO. 187/2021 FILED BY THE PETITIONER EXHIBIT P11 TRUE COPY OF JUDGMENT DATED 31.8.2022 PASSED IN OP DRT NO. 353/2022 EXHIBIT P12 TRUE COPY OF ADVANCE PETITION DATED 22.11.2022 IN SA NO.187/2021 FILED BY THE PETITIONER EXHIBIT P13 TRUE COPY OF STAY PETITION DATED 23.11.2022 IN SA NO. 187/2021 FILED BY THE PETITIONER RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE