Binu S S vs State Bank Of India
2022 Latest Caselaw 6788 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        OP (DRT) NO. 264 OF 2022
   AGAINST THE ORDER IN SA 305/2021 OF DEBT RECOVERY TRIBUNAL,
                               ERNAKULAM
PETITIONER/APPLICANT:

          BINU S S
          AGED 49 YEARS
          S/O. LATE SUDHAKARAN
          SREE VIHAR, PUZHUMTHURUTH
          PERUMON PO, KOLLAM , PIN - 691601

          BY ADVS.
          SADCHITH.P.KURUP
          C.P.ANIL RAJ



RESPONDENTS/DEFENDANTS:

    1     STATE BANK OF INDIA
          ANANDAVALLESWARAM BRANCH
          GANGA BUILDING, THEVALLY PO
          KOLLAM REP. BY ITS BRANCH MANAGER, PIN - 691009

    2     THE AUTHORISED OFFICER
          STATE BANK OF INDIA
          STRESSED ASSET RECOVERY BRANCH
          LMS COMPOUND, OPP. MUSEUM WEST GATE
          VIKAS BHAVAN PO, THIRUVANANTHAURAM , PIN - 695033

          BY ADV TOM K.THOMAS




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P (DRT) No.264/2022                     -2-

                                  JUDGMENT

This original petition was filed stating that no orders have been passed on the

petitioner's application for modification of Ext.P5 interim order. Through Ext.P5

interim order, the coercive steps initiated against the petitioner were directed to be

kept in abeyance on condition that the petitioner deposits in total a sum of

Rs.20,00,000/-on or before 30-05-2022 in two installments. This court while

considering the original petition on 10-05-2022 directed that the taking of

possession of the secured assets shall be deferred till 19-05-2022 on condition that

the petitioner pays a sum of Rs.5,00,000/- on or before 19-05-2022. Today when

the matter is taken up for consideration it is the submission of the learned counsel

for the petitioner that the petitioner will be in a position to comply with Ext.P5

interim of the Debts Recovery Tribunal, Ernakulam on or before 30-06-2022.

Taking note of the above submission and taking into consideration of the fact that

an amount of Rs.5,00,000/- directed to be paid by this court through order dated

10-05-2022 has already been paid, the taking of possession of the secured assets

shall stand deferred till 01-07-2022. If the petitioner pays the amount directed to be

paid by the Debts Recovery Tribunal in Ext.P5 on or before 30-06-2022, that shall

be treated as full compliance of the order passed by the Debts Recovery Tribunal.

This original petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF OP (DRT) 264/2022

PETITIONER EXHIBITS

Exhibit p1 TRUE COPY OF SA NO. 305/2021 FILED BY PETITIONER BEFORE DRT-2, ERNAKULAM ON 09.11.2021

Exhibit p2 TRUE COPY OF STAY PETITION DT. 9.11.2021 FILED BY PETITIONER IN SA305/2021 IN IA NO. 1470/2021

Exhibit p3 TRUE COPY OF THE AMENDMENT APPLICATION FILED BY THE PETITIONER IN SA NO. 305/2021 IN I.A. NO. 671/2022 DATED 13.04.2022.

Exhibit p4 TRUE COPY OF THE INTERLOCUTORY APPLICATION DATED 13/4/22 FILED AS I.A NO. 672/2022.

Exhibit p5 TRUE COPY OF THE PROCEEDINGS BY THE TRIBUNAL ORDERED THE PETITIONER TO DEPOSIT AN AMOUNT DATED 07.06.2022.

Exhibit p6 TRUE COPY OF THE MODIFICATION PETITION OF ORDER DATED 18/4/22 FILED BY THE PETITIONER ON 30/4/22

Exhibit p7 TRUE COPY OF THE ADVANCE PETITION FILED BY THE APPLICANT DATED 30/4/22