Kerala High Court
Baiju A.B vs The Authorised Officer on 20 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
OP (DRT) NO. 500 OF 2022
[IN S.A. NO. 124/2022 PENDING BEFORE DEBTS RECOVERY TRIBUNAL-II,
ERNAKULAM]
PETITIONER/APPLICANT:
BAIJU A.B
AGED 47 YEARS
S/O. BHARGAVAN,
ARAKKAL HOUSE, MILLENIUM ROAD, VADUTHALA,
ERNAKULAM DISTRICT-, PIN - 682023
BY ADV M.SHYJU
RESPONDENT/DEFENDANT:
THE AUTHORISED OFFICER
PEOPLES URBAN CO-OPERATIVE BANK LTD. NO.51
THRIPUNITHURA, ERNAKULAM-, PIN - 682301
BY ADV DEVAPRASANTH P.J
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) No.500 of 2022
2
JUDGMENT
Dated this the 20th day of December, 2022
The petitioner has approached this Court being
aggrieved by the fact that proceedings are being
taken to take physical possession of the secured asset
at a time when Exts.P5 and P6 applications filed by
the petitioner for amendment and stay of steps for
taking physical possession of the secured asset are
pending consideration before the Debts Recovery
Tribunal in S.A. No.124/2022.
2. Learned counsel appearing for the petitioner
submits that till consideration of Exts.P5 and P6
applications by the Tribunal, proceedings for taking
physical possession of the secured asset may be
suspended.
3. Learned counsel appearing for the respondent
bank points out that the earlier interlocutory
application filed by the petitioner seeking stay of
OP (DRT) No.500 of 2022
taking of physical possession of the secured asset was
granted by the Tribunal by order dated 29.4.2022. It
is submitted that the petitioner did not comply with
the conditions imposed in that order dated
29.04.2022. Thereafter, the petitioner has
approached the Government and Ext.P4 letter was
issued by the Joint Registrar to keep the proceedings
against the petitioner in abeyance. It is submitted
that the Joint Registrar has absolutely no jurisdiction
in the matter arising out of SARFAESI proceedings
and the bank has already filed a reply to the Joint
Registrar. It is also submitted that written statement
has already been filed in Securitisation Application
filed by the petitioner.
4. Having heard the learned counsel appearing
for the petitioner and the learned counsel appearing
for the respondent bank and without pronouncing
anything on the merits of the matter, I am of the
opinion that this original petition can be disposed of
OP (DRT) No.500 of 2022
adjourning the proceedings for taking physical
possession of the secured asset till 31.12.2022 to
enable the petitioner to seek consideration of Exts.P5
and P6 applications.
Accordingly, this original petition is disposed of
directing that steps for taking physical possession of
the secured asset shall stand adjourned till
31.12.2022 to enable the petitioner to seek
consideration of Exts.P5 and P6 applications by the
Tribunal. I make it clear that I have not expressed
any opinion on the merits of the matter. It will be
open for the Tribunal to decide the matter in
accordance with law.
Sd/-
GOPINATH P.
JUDGE
SKP/20-12
OP (DRT) No.500 of 2022
APPENDIX OF OP (DRT) 500/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF S.A. NO. 124/2022 DATED 17.03.2022
PENDING BEFORE THE HON'BLE DEBTS RECOVERY
TRIBUNAL-I, ERNAKULAM
EXHIBIT P2 TRUE COPY OF ORDER IN M.C. NO. 66/2021 DATED
11.01.2022 OF HON'BLE CHIEF JUDICIAL MAGISTRATE
COURT , ERNAKULAM
EXHIBIT P3 TRUE COPY OF ADVOCATE COMMISSION NOTICE DATED
2.3.2022 IN M.C. NO. 66/2021 WHICH IS PENDING
BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT (SPECIAL COURT FOR MPS/MLAS)
EXHIBIT P4 TRUE COPY OF ORDER ISSUED BY THE JOINT
REGISTRAR (GENERAL) OF ERNAKULAM OF CO-
OPERATIVE DEPARTMENT DATED 04.11.2022
EXHIBIT P5 TRUE COPY OF THE AMENDMENT PETITION FILED AS
I.A.(ID) NO. 17352/2022 DATED 13.12.2022
EXHIBIT P6 TRUE COPY OF STAY PETITION FILED AS I.A.(ID)
NO. 17353/2022 DATED 13.12.2022
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
