Reshma Poulin vs Kerala Cooperative Bank Ltd
2022 Latest Caselaw 6798 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. 75 OF 2022
PETITIONER/APPLICANT:

          RESHMA POULIN
          AGED 31 YEARS, W/O.SHIBU VARGHESE,
          THUNDIPARAMBIL HOUSE, PONNARIMANGALAM P.O,
          MULAVUKKAD, ERNAKULAM
          NOW RESIDING AT PUTHENVETTIL, ERAVIPEROOR,
          THIRUVALLA, PATHANAMTHITTA DISTRICT
          PATHANAMTHITTA, PIN - 689542

          BY ADVS.
          V.PHILIP MATHEWS
          GIBI.C.GEORGE



RESPONDENTS/DEFENDANTS:

    1     KERALA COOPERATIVE BANK LTD
          ERSTWHILE ERNAKULAM DISTRICT COOPERATIVE BANK
          ERNAKULAM MAIN BRANCH, AEC PLAZA, VALANJAMBALAM,
          CHITTOOR ROAD, KOCHI
          REPRESENTED BY ITS BRANCH MANAGER
          ERNAKULAM, PIN - 682016

    2     THE AUTHORISED OFFICER
          KERALA COOPERATIVE BANK LTD
          ERNAKULAM MAIN BRANCH, AEC PLAZA, VALANJAMBALAM,
          CHITTOOR ROAD, KOCHI
          REPRESENTED BY ITS BRANCH MANAGER

          BY ADV N.RAGHURAJ


     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.75/2022                    -2-

                                JUDGMENT

This original petition was filed at the time when there was no regular sitting

at the Debts Recovery Tribunal, Ernakulam. It is now reported that the Debts

Recovery Tribunal, Ernakulam has commenced regular sitting.

Heard the learned counsel for the petitioner and the learned counsel for the

respondent bank. This original petition will stand disposed of permitting the

petitioner to move the Debts Recovery Tribunal, Ernakulam where S.A. No.33/2022

is pending at the instance of the petitioner. To enable the petitioner to obtain

interim relief from the Debts Recovery Tribunal, further coercive steps shall stand

stayed for a period of one month. I make it clear that the Tribunal will free to

consider the matter in accordance with law and untrammeled by any observations

contained in this judgment.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF OP (DRT) 75/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF DEMAND NOTICE DATED 27-11-2020 ISSUED BY THE AUTHORISED OFFICER OF THE KERALA CO-OPERATIVE BANK, MATTANCHERRY BRANCH TO THE PETITIONER

Exhibit P2 COPY OF POSSESSION NOTICE NO.030/725/2018 DATED 25-

01-2022 AFFIXED BY THE SECOND RESPONDENT ON THE RESIDENTIAL BUILDING IN RESPECT OF PURCHASE LOAN

Exhibit P3 COPY OF POSSESSION NOTICE NO.030/543/01 DATED 25-01-

2022 AFFIXED BY THE SECOND RESPONDENT ON THE RESIDENTIAL BUILDING IN RESPECT OF INSTA LOAN

Exhibit P4 COPY OF UNNUMBERED SA (ID NO.869/22) FILED BY THE PETITIONER BEFORE DRT-I, ERNAKULAM (WITHOUT ANNEXURES)

Exhibit P5 COPY OF UNNUMBERED I.A (ID.NO.871/22) (STAY PETITION) FILED BY THE PETITIONER BEFORE DRT-I, ERNAKULAM