Abhilash T.P vs Canara Bank
2022 Latest Caselaw 6888 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. 70 OF 2021
    AGAINST THE ORDER IN SA 90/2021 OF DEBT RECOVERY TRIBUNAL,
                             ERNAKULAM
PETITIONERS/APPLICANTS:

    1     ABHILASH T.P.
          AGED 36 YEARS
          S/O.PRABHAKARAN, PROPRIETOR, M/S.H.R.HARDWARE SHOP, 18/796C,
          PUTHIRITHARA JUNCTION, THRISSUR ROAD, PAZHAYANNUR,
          THALAPPILLY TALUK, THRISSUR DISTRICT 680 587.

    2     T.R.PRABHAKARAN
          AGED 68 YEARS
          S/O.RAMAN, THEKKEPATTU HOUSE, PAZHAYANNUR, THALAPPILLY
          TALUK, THRISSUR DISTRICT 680 587.

    3     GEETHAMBIKA
          AGED 65 YEARS
          W/O.T.R.PRABHAKARAN, THEKKEPATTU HOUSE, PAZHAYANNUR,
          THALAPPILLY TALUK, THRISSUR DISTRICT 680 587.

          BY ADV LATHEESH SEBASTIAN


RESPONDENTS/DEFENDANTS:

    1     CANARA BANK
          REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE,
          KOORKANCHEERY, THRISSUR DISTRICT 682 007.

    2     AUTHORISED OFFICER UNDER THE SARFAESI ACT
          CANARA BANK, REGIONAL OFFICE, KOORKANCHEERY, THRISSUR
          DISTRICT 682 007.

    3     BRANCH MANAGER
          CANARA BANK, CHELAKKARA BRANCH, THRISSUR DISTRICT 680 586

          BY ADVS.
          ISAC T.PAUL
          JOHN NELLIMALA SARAI


     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.70/2021                     -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. This court by an

interim order dated 07-05-2021 granted stay of coercive steps against the

petitioners on condition that a sum of Rs.5,00,000/- is paid within a period of one

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

the respondent bank that the said amount was paid, though belatedly and beyond

the time granted by this court. Taking note of the submissions as above this original

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

Tribunal, Ernakulam where S.A. No.90/2021 is pending at the instance of the

petitioners. To enable the petitioners to obtain interim relief from the Debts

Recovery Tribunal and taking note of the fact that an amount of Rs.5,00,000/- has

been paid as directed by this court, the interim order granted by this court will

continue 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) 70/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENTS DATED 13.1.2021

EXHIBIT P2 TRUE COPY OF THE SECURITISATION APPLICATION IN S.A.NO.90/2021 OF DRT-II, ERNAKULAM.

EXHIBIT P3 TRUE COPY OF THE STAY PETITION IN I.A.NO.414/2021 IN S.A.NO.90/2021