Thomas K Andrews vs The Chief Manager And Authorised ...
2022 Latest Caselaw 12385 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

               FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

                              OP (DRT) NO. 525 OF 2022

   AGAINST THE ORDER/JUDGMENTSA 348/2022 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM

PETITIONER:

               THOMAS K ANDREWS
               AGED 57 YEARS
               S/O KA ANDREW, KAZHUNUVALATHU HOUSE,
               LAKKATTOOR PO, KOTTAYAM
               , PIN - 686502
               BY ADV L.RAJESH NARAYAN


RESPONDENTS:

     1         THE CHIEF MANAGER AND AUTHORISED OFFICER,
               STATE BANK OF INDIA, RASMEC, 2ND FLOOR,
               MARETTE TOWER, PALACE ROAD, CHANGANACHERRY,
               KOTTAYAM
               , PIN - 686102
     2         STATE BANK OF INDIA
               RASMEC, 2ND FLOOR,
               MARETTE TOWER, PALACE ROAD, CHANGANACHERRY,
               KOTTAYAM - 686102 REPRESENTED BY ITS AUTHORISED OFFICER
               , PIN - 686102
               BY ADV SHRI.JITHESH MENON, SC, SBI


OTHER PRESENT:

               SC Smt S Ambily



      THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P (DRT) No. 525 of 2022
                                   ..2..




                             JUDGMENT

Dated this the 23rd day of December, 2022

The petitioner has approached this court being aggrieved by

the fact that steps have been initated to take physical possession

of the secured asset at a time when Ext.P5 application for the

amendment along with Ext.P6 application for stay in S.A.No.

348/2022 is pending consideration of the Debts Recovery

Tribunal. It is submitted that the Debts Recovery Tribunal-II,

Ernakulam is not sitting, and therefore, the petitioner is unable to

move the Tribunal for relief.

2. Heard the learned Standing Counsel for the respondent

bank also. The Standing Counsel for the respondent bank submits

that the Debts Recovery Tribunal has not been sitting only for the

last two days. It is submitted that the petitioner, after receiving

the notice issued by the Advocate Commissioner has

unnecessarily delayed approaching the Tribunal.

3. Having heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the respondent O.P (DRT) No. 525 of 2022 ..3..

bank and having regard to the limited nature of the relief now

sought for by the petitioner, this original petition will stand

disposed of directing that the steps for taking physical possession

of the secured asset shall stand adjourned till 31.12.2022 to

enable the petitioner to seek reliefs in the pending Securitization

Application.

The original petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE RMV O.P (DRT) No. 525 of 2022 ..4..

APPENDIX OF OP (DRT) 525/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 23/06/2022 ISSUED BY THE BANK Exhibit P2 TRUE COPY OF THE AUCTION NOTICE PUBLISHED BY THE RESPONDENT BANK DATED 5.8.2022 Exhibit P3 TRUE COPY OF THE MEMORANDUM OF SECURITISATION APPLICATION DATED 6.7.2022 NO. S.A 348/2022 Exhibit P4 TRUE COPY OF THE NOTICE DATED 8.12.2022 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit P5 TRUE COPY OF THE PETITION FILED SEEKING AMENDMENT OF THE SA DATED 22.12.2022 Exhibit P6 TRUE COPY OF THE PETITION SEEKING INTERIM ORDER RESTRAINING THE RESPONDENTS FROM TAKING PHYSICAL POSSESSION OF THE PROPERTIES, DATED 22.12.2022 IN SA 348/2022 BEFORE THE HON'BLE DRT II Exhibit P7 TRUE COPY OF THE PETITION FILED FOR ADVANCING THE CASE, DATED 22.12.2022 IN SA 348/2022 BEFORE THE HON'BLE DRT II

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE