Rasik vs Irinjalakuda Town Co-Operative ...
2022 Latest Caselaw 6492 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                        OP (DRT) NO. 192 OF 2022
    IN S.A NO.11/2020 OF THE HON'BLE DEBTS RECOVERY TRIBUNAL,
                               ERNAKULAM
PETITIONER/APPLICANT:

          RASIK,
          AGED 50 YEARS
          S/O. BEERAVU, PAROOPANAKKAL HOUSE,
          CHAMAKKALA P.O, THRISSUR - 680 687.

          BY ADV K.I.SAGEER



RESPONDENT/DEFENDANT:

          IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD NO.55,
          REP.BY ITS AUTHORISED OFFICER, HEAD OFFICE, TANA SOUTH,
          IRINJALAKUDA , THRISSUR - 680 121.

          BY ADV. DEVAPRASANTH.P.J, SC




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 192 OF 2022

                                   2


                            JUDGMENT

Since it is submitted that the petitioner has already

approached the Debts Recovery Tribunal by filing a

securitisation application under Section 17 of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act (SARFAESI Act), this

original petition is closed leaving it open to the petitioner to

pursue his remedies before the Debts Recovery Tribunal. Since

it is reported that the property in question has already been

sold and is purchased by the Bank and is now a non-banking

asset of the Bank, it is directed that the said sale shall not be

confirmed for a period of one month from today to enable the

petitioner to approach the Debts Recovery Tribunal for interim

relief. It is made clear that the Debts Recovery Tribunal is free

to decide the matter in accordance with law and the grant of

interim relief by this Court need not deter the Debts Recovery

Tribunal from passing any order that it deems fit. The OP(DRT)

stands disposed of.

Sd/-

GOPINATH P.

JUDGE DK OP (DRT) NO. 192 OF 2022

APPENDIX OF OP (DRT) 192/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPLICATION, S.A NO. 11/2020 FILED BY THE PETITIONER BEFORE THE HON'BLE DRT, ERNAKULAM BENCH DATED 31-12-2019.

Exhibit P2 A TRUE COPY OF THE APPLICATION, I.A IN S.A NO. 11/2020 FILED BY THE PETITIONER BEFORE THE HON'BLE DRT, ERNAKULAM BENCH DATED 31-12-2019

Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT IN S.A.NO.11/2020, BEFORE THE HON'BLE DRT, ERNAKULAM BENCH DATED 22-01-2020

Exhibit P4 A TRUE COPY OF THE SALE NOTICE NO.

116/357/2022/OD7S DATED 17-01-2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P5 A TRUE COPY OF THE AFFIDAVIT DATED 23-

02-2022 FILED BY THE PETITIONER IN EXT.P1