Sreekumar vs The Vaikom Urban Co-Operative ...
2022 Latest Caselaw 7293 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                        OP (DRT) NO. 213 OF 2022
PETITIONER/APPLICANT:

            SREEKUMAR
            AGED 57 YEARS
            SHIVARAMAN, SREEVIHAR HOUSE, VAIKOM P.O, KOTTAYAM
            DISTRICT 686 141
            BY ADVS.
            P.SHRIHARI
            MARY NITHIYA K.J


RESPONDENT/DEFENDANT:

    1       THE VAIKOM URBAN CO-OPERATIVE BANK LTD.
            HEAD OFFICE, WEST GATE, VAIKOM P.O, P.O BOX NO. 10,
            VAIKOM, KOTTAYAM DISTRICT 686 141
    2       THE AUTHORISED OFFICER
            THE VAIKOM URBAN CO-OPERATIVE BANK LTD, HEAD OFFICE,
            WEST GATE, VAIKOM P.O P.O BOX NO. 10, VAIKOM, KOTTAYAM
            DISTRICT 686 141
            BY ADV SRI.JULIAN XAVIER,SC,VAIKOM URBAN CO-OP BANK


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 213 OF 2022                        2



                                       JUDGMENT

Petitioner has approached this Court at a time when

there was no regular sitting at the Debts Recovery Tribunal,

Ernakulam.

2. It is now reported that regular sittings have

commenced at the Debts Recovery Tribunal and the

Securitisation Application filed by the petitioner is pending

consideration of the Tribunal.

3. In order to enable the petitioner to seek

appropriate interim orders in the Tribunal, any recovery

proceedings against the petitioner shall be deferred for a

period of one month from today. It is made clear that it will be

open to the Tribunal to pass appropriate orders and the

deferment of recovery proceedings under this judgment need

not deter the Tribunal from passing any order that it deems

fit.

The O.P.(DRT) is disposed of as above.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF OP (DRT) 213/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF A DIARY PROCEEDINGS DATED 12-03-

2021 IN S.A NO. 223/2020 OBTAINED FROM E-DRT WEBSITE Exhibit P2 TRUE COPY OF DEMAND NOTICE DATED 29-09-2021 WITH RESPECT TO OVER DRAFT LIMITED OF RS 25.00 LAKHS WITH ACCOUNT NO. 102240010000148 Exhibit P3 TRUE COPY OF DEMAND NOTICE DATED 29-09-2021 WITH RESPECT TO OVER DRAFT LIMIT OF RS. 40.00 LAKHS WITH ACCOUNT NO. 102240010000139 Exhibit P4 TRUE COPY OF DEMAND NOTICE DATED 30-09-2021 WITH RESPECT TO LT FACILITY TO RS. 20.00 LAKHS WITH ACCOUNT NO. 102230090001596 Exhibit P5 TRUE COPY OF DEMAND NOTICE DATED 30-09-2021 WITH RESPECT TO LT FACILITY OF 18.00 LAKHS WITH ACCOUNT NO. 102230090001664 Exhibit P6 TRUE COPY OF NOTICE DATED 18-02-2022 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C NO. 32/2022 ON THE FILE OF CJM COURT, KOTTAYAM Exhibit P7 TRUE COPY OF NOTICE DATED 19-02-2022 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C NO. 33/2021 ON THE FILE OF CJM COURT, KOTTAYAM Exhibit P8 TRUE COPY OF SECTION 14 APPLICATION NUMBERED AS M.C NO 32/2022 ON THE FILE OF CJM COURT, KOTTAYAM FILED BY THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF AFFIDAVIT DATED 18-01-2022 FILED IN EXHIBIT P8 ON THE FILE OF CJM COURT, KOTTAYAM Exhibit P10 TRUE COPY OF ORDER DATED 19-01-2022 IN M.C NO. 32/2021 ON THE FILE OF CJM COURT, KOTTAYAM Exhibit P11 TRUE COPY OF SECTION 14 APPLICATION NUMBERED AS M.C NO. 33/2022 ON THE FILE OF CJM COURT, KOTTAYAM FILED BY 1ST RESPONDENT. Exhibit P12 TRUE COPY OF AFFIDAVIT DATED 18-01-2022 FILED IN EXHIBIT P11 ON THE FILE OF CJM COURT, KOTTAYAM Exhibit P13 TRUE COPY OF ORDER DATED 19-01-2022 IN M.C NO. 33/2022 ON THE FILE OF CJM COURT, KOTTAYAM Exhibit P14 TRUE COPY OF SALE DEED NO. 981/1991 OF VAIKOM SRO

Exhibit P15 TRUE COPY OF POSSESSION CERTIFICATE DATED 23-

01-2016 RELATING TO 14.15 ARES OF PROPERTY MADE UP OF 8.50 ARES IN SY.NO. 189/2A AND 5.65 ARES IN SY.NO. 189/2B OF NADUVILE VILLAGE COVERED BY SALE DEED NO. 981/1991 OF VAIKOM SRO Exhibit P16 TO 16 D TRUE COPIES OF PHOTOGRAPHS OF 14.15 ARES OF PROPERTY IN SY.NO. 189/2A AND 189/2B OF NADUVILE VILLAGE Exhibit P1617 TRUE COPY OF CERTIFICATE ISSUED BY THE AGRICULTURAL FILED OFFICER, KRISHIBHAVAN, VAIKOM Exhibit P1618 TRUE COPY OF S.A FILED UNDER SECTION 17 ON 04-03-2022 WITH ID NO. 2265/2022 WITH ID NO. 2265/2022 BEFORE DRT II ERNAKULAM (WITHOUT ANNEXURES)