Kerala High Court
Vini Vijayan vs The Registrar on 8 June, 2022
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. 111 OF 2021
AGAINST THE ORDER/JUDGMENT IN SA 71/2009 OF DEBT RECOVERY
TRIBUNAL, ERNAKULAM
PETITIONER:
VINI VIJAYAN
AGED 41 YEARS
D/O. VIJAYAN, HOUSE WIFE, RESIDING AT VILLA NO.28,
MAHAMANDIRAM AUTUMN WOODS, MAMBRA KADAVU ROAD,
ALANGADU, KOTTAPPURAM, COCHIN - 683 511.
BY ADVS.
N.RATHEESH
SUMA RATHEESH
SHANKAR RETHEESH
RESPONDENTS:
1 THE REGISTRAR
DEBTS RECOVERY TRIBUNAL AT ERNAKULAM, 5TH FLOOR,
KSHB BUILDING, PANAMPILLY NAGAR, COCHIN-36, ERNAKULAM.
2 HONGONG AND SHANGHAI BANKING CORPORATION LTD.
PULIKKAL ESTATE, M.G.ROAD, PALLIMUKKU, KOCHI-682 016,
REPRESENTED BY ITS BRANCH MANAGER.
3 KOODIYEDATHU NARAYANA MENON RAMACHANDRAN,
S/O.NARAYANA MENON, 30/2014 B, SAGAR EXIM, IST FLOOR,
SADIYA BUILDING, ST. RITA ROAD, PONNURUNNI, VYTILLA,
KOCHI-682019.
BY ADVS.
LAL K.JOSEPH
P.MURALEEDHARAN (THURAVOOR)
T.A.LUXY
SURESH SUKUMAR
ANZIL SALIM
CHACKO MATHEWS K.
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.111 OF 2021
2
GOPINATH P., J.
===========================
OP (DRT) NO.111 OF 2021
============================
Dated this the 8th day of June, 2022
JUDGMENT
The petitioner is an auction purchaser in respect of certain
properties sold by the 2nd respondent bank under the provisions of
SARFAESI Act. The borrower filed SA.No.71 of 2009 where
petitioner was set ex-parte and an order of status quo was
passed. The petitioner filed Ext.P5 application dated 30.05.2019
for setting aside the ex-parte order. He prays that a direction may
be issued to the 1st respondent Tribunal to consider and pass
orders on Ext.P5 application for setting aside the ex-parte order
and also for an expeditious disposal of Ext.P4 Securitisation
Application filed by the borrower. It is submitted that the
petitioner has already paid a sum of Rs.40,00,500/- (Rupees Forty
Lakh and Five Hundred only) for purchasing the property in
auction. It is submitted that the delay in disposal of Exts.P4 and
P5 is causing extreme prejudice to the petitioner.
2. Considering the fact that Exts.P4 and P5 has been pending
for a considerably long time, this Original Petition is disposed of
directing the Debts Recovery Tribunal to consider and pass orders
OP(DRT) No.111 OF 2021
on Ext.P5 application and thereafter to dispose of Ext.P4 (S.A.) filed
by the 3rd respondent within shortest possible time, at any rate, six
months from the receipt of a certified copy of the judgment.
The Original Petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
nk
OP(DRT) No.111 OF 2021
APPENDIX OF OP (DRT) 111/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.2263/2009
DATED 19.10.2009.
Exhibit P2 THE POSSESSION CERTIFICATE ISSUED FROM
THE VILLAGE OFFICE, CHOORNIKKARA DATED
9.12.2015.
Exhibit P3 3 PHOTOGRAPHS SHOWING THE GRIM CONDITION
OF THE BUILDING.
Exhibit P4 TRUE COPY OF S.A.NO.71 OF 2009 PENDING
BEFORE THE DEBTS RECOVERY TRIBUNAL,
ERNAKULAM.
Exhibit P5 TRUE COPY OF THE I.A.NO.1003 OF 2019
DATED 30.5.2019 FILED BEFORE THE
HONOURABLE DEBTS RECOVERY TRIBUNAL TO SET
ASIDE THE EX-PARTE ORDER.
Exhibit P6 TRUE COPY OF THE APPLICATION NUMBERED AS
I.A.NO.30 OF 2020 FILED BEFORE THE
HONOURABLE DEBT RECOVERY TRIBUNAL TO
ADVANCE THE CASE AND HEAR THE MATTER.
