Sudarshana Babu S vs The South Indian Bank Ltd
2022 Latest Caselaw 6285 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                          OP (DRT) NO. 276 OF 2021
    AGAINST THE ORDER/JUDGMENT IN OA 229/2010 OF DEBT RECOVERY
                            TRIBUNAL, ERNAKULAM
PETITIONERS/ 2nd & 3rd DEFENDANT:

     1       SUDARSHANA BABU S
             AGED 58 YEARS, S/O. SADASIVAN, THADATHIL VEEDU,
             THRIKOVILVATTOM VILLAGE, KOLLAM PRESENTLY RESIDING AT
             ABHIRAMAM, THATTARKONAM P.O, PEROOR, KOLLAM - 691005.

     2       PUSHPAJA
             AGED 49 YEARS, W/O. SUDARSHANAN BABU.S,
             THADATHIL VEEDU, THRIKOVILVATTOM VILLAGE, KOLLAM
             PRESENTLY RESIDING AT ABHIRAMAM, THATTARKONAM P.O,
             PEROOR, KOLLAM - 691005.

             BY ADVS.
             C.IJLAL
             UMMUL FIDA



RESPONDENTS/APPLICANT/RESPONDENT 1 & 2:

     1       THE SOUTH INDIAN BANK LTD.
             KOLLAM BRANCH, BISHOP JEROME NAGAR, COMMERCIAL COMPLEX,
             CHINNAKADA, KOLLAM - 691001, REPRESENTED BY ITS
             AUTHORIZED OFFICER,

     2       A.U. ZAKIR HUSSAIN
             S/O.M.A. RAHIM, PRIYADARSHINI, PEROOR,
             THATTARKONAM P.O, KOLLAM - 691005.

     3       RAJEENA
             W/O. A.U. ZAKIR HUSSAIN, PRIYADARSHINI, PEROOR,
             THATTARKONAM P.O, KOLLAM - 691005.

             BY ADVS.
             SUNIL SHANKER
             KEVIN VARGHESE JACOB
 O.P.(DRT) No.276 of 2021               2

OTHER PRESENT:

             SRI. SUNIL SHANKER (SC)




      THIS    OP   (DEBT   RECOVERY   TRIBUNAL)   HAVING   COME   UP   FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 O.P.(DRT) No.276 of 2021                   3



                             JUDGMENT

The petitioners who were the defendants 3 & 4 in T.A

No.1487/2016 have filed Ext.P3 application on the premise that the final

order in T.A.No.1487/2016 was ex parte order against them. In the

meanwhile, based on the final order in T.A.No.1487/2016, recovery

proceedings were initiated against the petitioners and the petitioners

filed Ext.P6 application before the recovery officer of the Debts Recovery

Tribunal, seeking a stay of further proceedings pending consideration of

Ext.P3 application. This O.P.(DRT) was filed stating that the Ext.P3

application filed before the Debts Recovery Tribunal, is not been taken

up for consideration on account of the fact that there was no regular

sitting there. Since it is now reported that the Debts Recovery Tribunal

has commenced regular sittings this O.P(DRT) is disposed of directing

the Debts Recovery Tribunal to consider and pass orders on Ext.P3

application within a period of 1 month from the date of receipt of a copy

of this judgment with notice to all sites. Till the orders are passed on

Ext.P3 as above the interim order granted by this Court on 02-12-2021

will continue to operate.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF OP (DRT) 276/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 20.06.2015 IN O.S NO. 425/2011 PASSED BY THE ADDITIONAL SUB COURT, KOLLAM.

Exhibit P2 A TRUE COPY OF THE FINAL ORDER DATED 22.01.2019 PASSED BY THE DEBTS RECOVERY TRIBUNAL - II, ERNAKULAM, IN T.A. NO. 1487/2016 (O.A. NO. 229/2010)

Exhibit P3 A TRUE COPY OF M.A NO. 38/2019 FILED BY THE PETITIONERS TO SET ASIDE EXHIBIT P2 FINAL ORDER.

Exhibit P4 A TRUE COPY OF THE CASE STATUS OF M.A NO.

38/2019 DOWNLOADED FROM THE WEBSITE WWW.DRT.GOV.IN

Exhibit P5 A TRUE COPY OF THE RECOVERY CERTIFICATE DATED 15.06.2020 ISSUED BY PRESIDING OFFICER, DEBTS RECOVERY TRIBUNAL - II, ERNAKULAM.

Exhibit P6 A TRUE COPY OF I.A NO. 816/2020 FILED BY THE PETITIONERS TO STAY THE EXECUTION PROCEEDINGS.