Joy M. P vs The Authorised Officer
2022 Latest Caselaw 6592 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                       OP (DRT) NO. 317 OF 2021
PETITIONERS:

    1     JOY M. P.
          AGED 61 YEARS
          S/O. M. S. PURAVATHU, MALLASSERIL KIZHAKKEVEEDU HOUSE,
          RAMAMANGALAM, MUVATTUPUZHA, ERNAKULAM (DIST),
          PIN - 686 663.

    2     ELDHOSE M. JOY
          AGED 21 YEARS
          S/O. JOY M. P., MALLASSERIL KIZHAKKEVEEDU HOUSE,
          RAMAMANGALAM, MUVATTUPUZHA, ERNAKULAM (DIST),
          PIN - 686 663.

    3     MEENU JOY
          AGED 22 YEARS
          D/O. JOY M. P., MALLASSERIL KIZHAKKEVEEDU HOUSE,
          RAMAMANGALAM, MUVATTUPUZHA, ERNAKULAM (DIST),
          PIN - 686 663.

          BY ADV GEORGE KURUVILLA(ALAPPUZHA)



RESPONDENTS:

          THE AUTHORISED OFFICER
          DEPUTY GENERAL MANAGER, MUVATTUPUZHA URBAN CO-OPERATIVE
          BANK LTD., HEAD OFFICE, KACHERITHAZHAM,
          MUVATTUPUZHA, PIN - 686 661.

          BY ADV SAJEEV KUMAR K.GOPAL, SC




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 317 OF 2021

                                 2



                           JUDGMENT

The petitioners have approached this Court through this

OP (DRT) challenging proceedings initiated under the SARFAESI

Act at a time when there was no regular sitting at the Debts

Recovery Tribunal, Ernakulam. It is now reported that the

regular sittings are commenced at the Debts Recovery Tribunal,

Ernakulam.

2. The learned counsel for the petitioner states that the

petitioners had already filed a securitisation application along

with an application for stay in order to enable the petitioners to

obtain appropriate interim orders. Though the learned Standing

Counsel objects to this course of action, this original petition

will stand disposed of directing that all coercive steps against

the petitioners shall be deferred by a period of one month to

enable the petitioners to obtain appropriate orders from the

Debts Recovery Tribunal. The Debts Recovery Tribunal shall be

free to consider the matter in accordance with law and

untrammelled by any observation contained in this judgment.

Sd/-

GOPINATH P.

JUDGE DK OP (DRT) NO. 317 OF 2021

APPENDIX OF OP (DRT) 317/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.344/99 OF SRO PIRAVOM.

Exhibit P2 TRUE COPY OF DEMAND NOTICE DATED 08.04.2019 UNDER SECTION 13(2) OF THE SARFAESI ACT.

Exhibit P3 TRUE COPY OF MC NO.66/2020 FILED BEFORE THE ACJM COURT (MP/MLA), ERNAKULAM.

Exhibit P4(a) TRUE COPY OF THE AFFIDAVIT DATED 11.12.2019.

Exhibit P4(b) TRUE COPY OF THE AFFIDAVIT DATED 06.01.2020.

Exhibit P4(c) TRUE COPY OF THE AFFIDAVIT DATED 10.03.2020.

Exhibit P4(d) TRUE COPY OF THE AFFIDAVIT DATED 17.08.2021.

Exhibit P4(e) TRUE COPY OF THE AFFIDAVIT DATED 02.11.2021.

Exhibit P5 TRUE COPY OF THE ORDER DATED 10.11.2021 IN MC NO.66/2020 OF ACJM COURT (MP/MLA), ERNAKULAM.

Exhibit P6 TRUE COPY OF THE NOTICE DATED 24.11.21 ISSUED BY THE ADVOCATE COMMISSIONER.

Exhibit P7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURE OFFICER.

Exhibit P8 TRUE COPY OF THE LOCATION SKETCH IN RESPECT OF THE PETITIONERS PROPERTY.

Exhibit P9 TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF THE PETITIONERS PROPERTY.

Exhibit P10 TRUE COPY OF THE SECURITIZATION APPLICATION FILED BY THE PETITIONERS WITHOUT THE ANNEXURES THEREIN. OP (DRT) NO. 317 OF 2021

Exhibit P11 TRUE COPY OF THE STAY PETITION FILED ALONG WITH THE SECURITIZATION APPLICATION.

Exhibit P12 TRUE COPY OF THE LAB REPORT DT 18.1.2022

Exhibit P13 TRUE COPY OF THE RULS (8) NOTICE DT 21.1.2022

Exhibit P14 TRUE COPY OF AUCTIONN SALE NOTICE DT 27.1.2022

Exhibit P15 TRUE COPY OF THE PAYMENT RECEIPT DT 2.2.2022