Nijeesh Kalamkolly vs The Authorized Officer
2022 Latest Caselaw 6286 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. 151 OF 2021
   AGAINST THE ORDER/JUDGMENT IN ID 8000/2021 OF DEBT RECOVERY
                          TRIBUNAL, ERNAKULAM
PETITIONERS:

    1       NIJEESH KALAMKOLLY
            AGED 38 YEARS, S/O. RAJANKALAMKOLLY, LITTLE NEST,
            CHELANNUR P.O., KOZHIKODE-673 616.

    2       AISWARYA KALATHIL,
            AGED 31 YEARS, W/O. NIJEESH KALAMKOLLY, SMRUTHI (H),
            NEAR WATER TANK, PUTHIYARA P.O., KOZHIKODE-673 004

            BY ADVS.
            R.SUDHISH
            M.MANJU



RESPONDENTS:

    1       THE AUTHORIZED OFFICER
            ANXIS BANK LIMITED, "TRISHUL", 3RD FLOOR,
            OPP.SAMARTHESHWAR TEMPLE LAW GARDEN, ELLISBRIDGE
            AHMEDABAD-380 006

    2       AXIS BANK LIMITED,
            AXIS BANK, LOAN CENTRE CALICUT, 2ND FLOOR, GLOBAL
            TOWERS, NEAR V ZONE MALL, PARAYANCHERI, KOZHIKODE,
            KERALA-673 016, REPRESENTED BY BRANCH MANAGER

            BY ADVS.
            Madhu Radhakrishnan Radhakrishnan
            NELSON JOSEPH(K/380/2007)
            M.D.JOSEPH(K/839/2008)
            DEEPAK ASHOK KUMAR(K/1624/2018)
 O.P.(DRT) No.151 of 2021               2

OTHER PRESENT:

             ADV. MADHU RADHAKRISHNAN (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.151 of 2021               3



                            JUDGMENT

Sine this O.P(DRT) was filed at a time when the Debts

Recovery Tribunal, Ernakulam was not holding regular sitting. It is

now pointed out that the Debts Recovery Tribunal has commenced

regular sitting and the petitioner has already moved the Debts

Recovery Tribunal. Since the petitioner has already moved the

tribunal this Petition will stand closed, leaving it open to the

petitioner to pursue his remedies before the Debts Recovery

Tribunal. To enable the petitioner to pursue such remedies the

interim order granted by this Court staying dispossession of the

petitioner shall continue for a period of 3 weeks.

Sd/-

GOPINATH P.

JUDGE

ats

APPENDIX OF OP (DRT) 151/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE MEMORANDUM OF SECURITISATION APPLICATION (WITHOUT ANNEXURES) PREFERRED BY THE PETITIONERS DATED 29.09.2021

Exhibit P2 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED IN SECURITISATION APPLICATION FILED BEFORE THE DEBT RECOVERY TRIBUNAL-I, ERNAKULAM

RESPONDENT ANNEXURES

Annexure R1(b) The Possession notice issued to the petitioners dated 16/8/2021 along with the AD cards issued by the postal department

Annexure R1(c) The Possession notice was published in Indian Express Newspaper, Kozhikode Edition on 19/8/2021 and Deepika on 19/8/2021

Annexure R1(d) The Photograph showing affixture of possession notice

Annexure R1(a) True Copy of the 13(2) notice issued by the 1st respondent