Paul.V.V vs The South Indian Bank Ltd
2022 Latest Caselaw 6287 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. 248 OF 2021
    AGAINST THE ORDER/JUDGMENT IN SA 50/2021 OF DEBT RECOVERY
                          TRIBUNAL, ERNAKULAM
PETITIONER:

          PAUL.V.V.
          AGED 65 YEARS
          S/O.VAREED, VATTAKUZHY, THRISSUR-680317.

          BY ADV E.V.MOLY



RESPONDENT:

          THE SOUTH INDIAN BANK LTD.
          CHRIST NAGAR, IRIJALAKUDA, THRISSUR-680125, REP. BY ITS
          AUTHORIZED OFFICER.

          BY ADVS.
          SUNIL SHANKER
          VIDYA GANGADHARAN



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.248 of 2021                   2



                            JUDGMENT

This O.P.(DRT) was filed at the time when the Debts Recovery

Tribunal for Kerala and Lakshadweep was not holding regular sitting. It

is submitted by the learned Standing Counsel that the Debts Recovery

Tribunal has commenced regular sitting and the securitisation

application filed by the petitioner as S.A. No.50/2021 on the file of the

Debts Recovery Tribunal-II for Kerala and Lakshadweep is listed for

consideration on 06-06-2022. It is also pointed that the interim order

directing the petitioner to pay a sum of certain amount has not been

complied with in full.

2. This Writ Petition therefore stand closed leaving it open to

the petitioner to pursue his remedies before the Debts Recovery

Tribunal. Considering the fact that the petitioner has already deposited

a sum of Rs.7,00,000/- (Rupees Seven Lakhs only), the petitioner shall

not be dispossessed till a decision is taken on any stay application filed

by the petitioner. Since the securitisation application is listed on

06-06-2022, the interim order granted by this Court against

dispossession can continue to operate for a period of 3 weeks. It is also

made clear that the Tribunal can decide the matter on merits

untrammelled by any observation contained in this judgment.

Sd/-

GOPINATH P.

ats                                                         JUDGE




                      APPENDIX OF OP (DRT) 248/2021

PETITIONER EXHIBITS

Exhibit P1                 THE TRUE COPY OF THE MAIL SENT BY

PETITIONER'S SON FORWARDED AS RECEIVED BY THE PETITIONER.

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT IN THE SA NO.50/2021, BEFORE DRT, TRIVANDRUM.

Exhibit P3 THE TRUE COPY OF THE PASSPORT HAVING RELEVANT ENTRY AS TO HIS TRAVEL IN AND OUT OF INDIA.

Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY HON'BLE CJM, THRISSUR IN M.C.NO.1082/2021 DATED 11.11.2021.