Hassan vs The Federal Bank Ltd., Lcrd, ...
2022 Latest Caselaw 6842 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. 244 OF 2022
         SA 86/2022 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONERS/APPLICANTS:

    1     HASSAN
          AGED 52 YEARS
          S/O. ABDU RAHIMAN KUTTY, KEEDAKKATT HOUSE, NELLIYAMBAM,
          NADAVAYAL VILLAGE, KAYAKUNNU P.O.,
          SULTHANBATHERY TALUK, WAYANAD DISTRICT, PIN - 670721

    2     HUSSAIN.K
          AGED 57 YEARS
          S/O. CHEKKUTTY, KEEDAKKATT HOUSE, NELLIYAMBAM,
          NADAVAYAL P.O., SULTHANBATHERY TALUK, WAYANAD
          DISTRICT , PIN - 670721

          BY ADV BIJU ABRAHAM



RESPONDENTS/DEFENDANTS:

    1     THE FEDERAL BANK LTD., LCRD, KOZHIKODE
          THE FEDERAL BANK LTD., LCRD, KOZHIKODE DIVISION, 1ST
          FLOOR, FEDERAL TOWERS, MAVOOR ROAD, KOZHIKODE,
          REPRESENTED BY THE AUTHORIZED OFFICER, PIN - 673016

    2     THE MANAGER, FEDERAL BANK LTD.
          THE MANAGER, FEDERAL BANK LTD., MANANTHAVADY BRANCH
          ONATTUTHOTTATHIL BUILDING, MANANTHAVADY , PIN - 670645

          SRI.POULOCHAN ANTONY-SC


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.244/2022                    2

                             JUDGMENT

The present Original Petition (DRT) was filed challenging

proceedings under the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act (hereinafter referred

to as the Securitisation Act) at the instance of the respondent bank, in

respect of two loans availed by the petitioners.

2. When this matter is taken up for consideration today, the

learned counsel for the petitioners would submit that out of the two

loans, one of the loans has been settled in full and in respect of the

other loan, the petitioners are engaging with the bank to settle the

matter. It is submitted that this Original Petition (DRT) was filed at a

time when there was no regular sitting at the Debt Recovery

Tribunal, Ernakulam. It is submitted that the petitioners have

already filed S.A.No.86/2022 along with stay application and the

same is pending consideration before the Tribunal.

Having regard to the above fact, this Original Petition (DRT)

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 Debt Recovery

Tribunal. I make it clear that I have not expressed any opinion on the

merits of the matter and it is for the Tribunal to pass orders

untrammeled by any observation contained in this judgment.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF OP (DRT) 244/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE S.A. NO. 86/2022 ON THE FILES OF DEBT RECOVERY TRIBUNAL-1 ERNAKULAM WITH ANNEXURE -1 TO 9

Exhibit P2 A TRUE COPY OF THE STAY PETITION FILED AS I.A. NO. 249/2022 IN S.A. NO. 86/2022

Exhibit P3 A TRUE COPY OF THE NOTICE DATED 10-03-

2022 BY ADVOCATE COMMISSIONER SILPA C

Exhibit P4 A TRUE COPY OF THE REGISTERED ENVELOP, ADDRESS TO 1ST PETITIONER

Exhibit P5 A TRUE COPY OF THE REGISTERED ENVELOP, ADDRESS TO 2ND PETITIONER