Sanil Lal T vs Sundaram Bnp Paribas Home Finance ...
2022 Latest Caselaw 6813 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
                       WP(C) NO. 10412 OF 2021
PETITIONERS:

    1     SANIL LAL T.
          AGED 46 YEARS
          S/O. THANKAPPAN, VALUMANNIL THARAYIL, MAROOR P.O.,
          ADOOR THALUK, PATHANAMTHITTA

    2     SURYAKALA.S.
          W/O. SAMIL LAL.T., VALUMANNIL THARAYIL, MAROOR P.O.,
          ADOOR THALUK, PATHANAMTHITTA

          BY ADVS.
          E.M.MURUGAN
          SMT.K.R.LEKSHMI


RESPONDENT:

          SUNDARAM BNP PARIBAS HOME FINANCE LTD
          SUNDARAM TOWERS , 46, WHITES ROAD, CHENNAI-600014,
          REPRESENTED BY ITS AUTHORIZED OFFICER, ABU ROASHAN
          MATHEW, AREA OFFICE, 2ND FLOOR, ELIZABETH ALEXANDER
          MEMORIAL BUILDING, MARINE DRIVE, OPP RAINBOW BRIDGE,
          ERNAKULAM-682 031

          BY ADV SRI.VARGHESE C.KURIAKOSE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.10412/2021                    -2-

                                 JUDGMENT

This writ 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. This court by an

interim order dated 23-04-2021 granted stay of coercive steps against the

petitioners on condition that a sum of Rs.3,00,000/- is paid within a period of three

weeks from that date. It is reported by the learned Standing counsel appearing for

the respondent bank that the said amount was not paid, even though extension of

time was granted by this court. Taking note of the submission as above this writ

petition will stand disposed of enabling the petitioners to move the Debts Recovery

Tribunal, Ernakulam where S.A. No.139/2021 is pending at the instance of the

petitioners. To enable the petitioners to such 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 WP(C) 10412/2021

PETITIONER EXHIBITS

EXHIBIT P1 DISCHARGE SUMMARY DATED 18.05.2020

EXHIBIT P2 PETITION IN MC 67/2020 ON THE FILES OF CJM COURT PATHANAMTHITTA

EXHIBIT P3 ORDER DATED 18.03.2020 IN MC 67/2020 ON THE FILES OF CJM COURT PATHANAMTHITTA

EXHIBIT P4 NOTICE DATED 24.03.2021 ISSUED BY ADVOCATE COMMISSIONER

EXHIBIT P5 SA NO.139/2021