M/S. Kanchipuram Silks vs State Bank Of India
2022 Latest Caselaw 2185 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                      OP (DRT) NO. 175 OF 2022
     AGAINST THE ORDER/JUDGMENT IN OA 387/2020 OF DEBT RECOVERY
                          TRIBUNAL, ERNAKULAM
PETITIONERS:

      1      M/S. KANCHIPURAM SILKS
             A PARTNERSHIO FIRM, NEAR LIC JUNCTION,
             KATTAPPANA, IDUKKI DISTRICT, PIN - 685 508,
             REP. BY ITS MANAGING PARTNER DIVYA SAJI, W/O.SAJI,
             AGED 45 YEARS, VADAKKEMURIYIL HOUSE,
             KANCHIYAR KARA, AYYAPPANKOVIL VILLAGE, KATTAPPANA,
             IDUKKI DISTRICT, PIN - 685 508.
      2      DIVYA SAJI, W/O.SAJI, AGED 45 YEARS,
             MANAGING PARTNER, M/S.KANCHIPURAM SILKS, RESIDING AT
             VADAKKEMURIYIL HOUSE, KANCHIYAR KARA, AYYAPPANKOVIL
             VILLAGE, KATTAPPANA, IDUKKI DISTRICT, PIN 685 508.
      3      SHEEBA RESSAL RAJ, AGED 38 YEARS, W/O.RESSAL RAJ,
             PARTNER, M/S.KANCHIPURAM SILKS RESIDING AT
             VADALIKOONDAL, VELLAYAMKUDI P.O., KATTAPPANA,
             IDUKKI DISTRICT - 685 515.
             BY ADVS.
             T.K.AJITH KUMAR
             AISWARYA RAMESAN


RESPONDENT:

             STATE BANK OF INDIA
             STRESSED ASSETS RECOVERY BRANCH,
             VENKARATH TOWER, BYE PASS JUNCTION,
             PALARIVATTOM P.O., ERNAKULAM - 682 024,
             REPRESENTED BY ITS CHIEF MANAGER.
             ADV.BINDUMOL JOSEPH
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON    24.02.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (DRT) NO. 175 OF 2022
                                             2



                       BECHU KURIAN THOMAS, J
                     ..............................................
                         O.P(DRT) No.175 of 2022
                        .....................................
                 Dated this the 24 th day of February, 2022

                              JUDGMENT

Petitioners seek for a direction to release the sale deed

No.2464/2003 of Udumbanchola SRO, marked as

Annexure-A4 in O.A.No.387/2020 on the files of the

Debts Recovery Tribunal-II, Ernakulam.

2. This original petition is necessitated since, according to

the petitioners, the Tribunal has not yet commenced its

functioning and that during the pendency of the original

application before the Tribunal, parties have settled the

dispute and the entire liability has been cleared.

Ext.P1, no liability certificate, has also been issued by

the Bank. It is further contended by Sri.T.K.Ajithkumar,

the learned counsel for the petitioners that, the

respondent-Bank has filed an application as

I.A.No.82/2022 in O.A.No.387/2020 seeking return of

sale deed No.2464/2003 of Udumbaumchola SRO, marked

as Annexure-A4. However, since the said interim OP (DRT) NO. 175 OF 2022

application has not yet been considered due to the

absence of the Presiding Officer of the Tribunal, further

delay would occur even if the Tribunal commences its

functioning in the near future. It was also submitted

that since amount in full has been paid by the

petitioners, each day's delay would incur great prejudice

to the petitioners.

3. Smt.Bindumol Joseph, the learned counsel for the

respondent, upon instructions, submitted that the entire

liability due from the petitioners has been cleared and

that Bank has in fact filed an application for release of

the documents.

4. It has come to the notice of this Court that the

Presiding Officers of the Tribunal has already been

appointed. However, they have not yet started

functioning. Considering the volume of litigations

pending before the Tribunal, it may take sometime to

dispose of the numerous applications. Taking note of

the prejudice that may be caused to the petitioners, I

am of the view that this is a fit case where the extra OP (DRT) NO. 175 OF 2022

ordinary jurisdiction under Article 227 of the

Constitution of India can be invoked.

5. Accordingly, I direct the Registrar, Debts Recovery

Tribunal-II, Ernakulam to release sale deed

No.2464/2003 of Udumbanchola SRO, marked as

Annexure-A4 in O.A.No.387/2020 to the respondent-

Bank; who shall thereafter hand over the same to the

petitioners.

6. The needful shall be done by the respondent within a

period of seven days from the date of receipt of a copy

of this judgment.

This original petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/24/02//2022 OP (DRT) NO. 175 OF 2022

APPENDIX

PETITIONERS EXHIBITS :

EXT.P1 COPY OF THE CLOSURE CERTIFICATE DATED 21.12.2021 ISSUED BY THE RESPONDENT TO THE TAHSILDAR (RR) KATTAPPANA.

EXT.P2 COPY OF I.A.NO.82 OF 2022 IN O.A.NO.387 OF 2020 ON THE FILES OF DRT-II, ERNAKULAM.

RESPONDENT EXHIBITS : NIL

TRUE COPY