Kerala High Court
Paulson Joseph vs The Authorised Officer The South ... on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
OP (DRT) NO. 285 OF 2022
AGAINST THE ORDER IN I.A.NO.1004 AND I.A.NO.1120 OF 2022 IN SA 129/2022
OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONERS/APPLICANTS 1 AND 2:
1 PAULSON JOSEPH
AGED 52 YEARS, S/O. M.M. JOSEPH,
PARTNER M/S. CAPTAIN FISHER REGENCY,
MLAKUZHIYIL HOUSE, SANKARAPILLY KARA,
MUTTOM VILLAGE, IDUKKI - 685 587.
2 JOSEPH MATHAI
AGED 84 YEARS, S/O. MATHAI,
MLAKUZHIYIL HOUSE, SANKARAPILLY KARA,
MUTTOM VILLAGE, IDUKKI - 685 587.
BY ADVS.
M.NARENDRA KUMAR
HARSHADEV M.
RESPONDENTS/DEFENDANT AND 3RD APPLICANT:
1 THE AUTHORISED OFFICER
THE SOUTH INDIAN BANK LTD, REGIONAL OFFICE,
REGENCY SQUARE, K.K. ROAD, KOTTAYAM COLLECTORATE. P.O.,
KOTTAYAM - 686 002, PIN - 686002.
2 BENNY M.J.
AGED 56 YEARS, S/O. M.M. JOSEPH,
MLAKUZHIYIL HOUSE, SANKARAPILLY KARA,
MUTTOM VILLAGE, IDUKKI - 685 587.
BY ADV K.K.JOHN
OTHER PRESENT:
SRI. SUNIL SHANKAR (SC)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(DRT).No.285/2022 2
JUDGMENT
The petitioners have approached this Court being aggrieved
by the fact that an Advocate Commissioner appointed by the
Chief Judicial Magistrate Court has issued notice proposing
to take physical possession of the petitioner's property on
28-06-2022, at a time when the Securitisation Application and the
Stay petition filed by the petitioners are listed to be considered
on 29-06-2022.
2. Having regard to the above fact and after hearing the
learned Standing Counsel for the respondent Bank, I am of the
opinion that this O.P(DRT) can be disposed of directing that the
taking of physical possession of the petitioner's property shall be
deferred till 30-06-2022, to enable the petitioners seek reliefs
from the Tribunal. I make it clear that the I have not expressed
any opinion on the merits of the matter and it will be open to the
Tribunal to decide any application filed by the petitioners in
accordance with law.
Sd/-
GOPINATH P.
JUDGE
ats
APPENDIX OF OP (DRT) 285/2022
PETITIONER EXHIBITS
Exhibit 1 TRUE COPY OF THE STATEMENT OF ACCOUNT FOR
PERIOD FROM 28.8.2019 TO 03.01.2022 AS PER
ACCOUNT NO. 0326752000000778 FOR AN AMOUNT
OF RS.4,60,00,000.
Exhibit-P2 TRUE COPY OF THE STATEMENT OF ACCOUNT FOR
PERIOD FROM 29.8.2019 TO 03.01.2022 AS PER
ACCOUNT NO. 0325652000000780 FOR AN AMOUNT
OF RS.87,50,000.
Exhibit-P3 TRUE COPY OF THE STATEMENT OF ACCOUNT FOR
PERIOD FROM 27.07.2020 TO 01.01.2022 AS PER
ACCOUNT NO. 0325656000000326 FOR AN AMOUNT
OF RS.1,08,90,000/-.
Exhibit-P4 TRUE COPY OF THE NOTICE DATED 17.05.2021
ISSUED BY THE RESPONDENT BANK UNDER SECTION
13(2) OF THE SARFAESI ACT.
Exhibit -P5 TRUE COPY OF THE NOTICE DATED 29.12.2021
ISSUED BY THE RESPONDENT BANK.
Exhibit-P6 TRUE COPY OF THE JUDGMENT DATED 22.03.202 IN
W.P. (C ) NO. 6040 OF 2022.
Exhibit-P7 TRUE OF THE S.A. NO. 129 OF 2022 FILED BY
THE PETITIONERS BEFORE THE DEBT RECOVERY
TRIBUNAL - II , ERNAKULAM.
Exhibit-P8 TRUE COPY OF THE ORDER DATED 12.04.2022 IN
M.C. NO. 200 OF 2022 BEFORE THE CHIEF
JUDICIAL MAGISTRATE COURT, THODUPUZHA.
Exhibit-P9 TRUE COPY OF THE INTERIM REPORT DATED
20.05.2022 IN MC NO. 200 OF 2022 FILED BY
THE ADVOCATE COMMISSIONER.
Exhibit 10 TRUE COPY OF THE ADVANCEMENT OF HEARING
( I.A. 1004 OF 2022) DATED 17.05.2022 ON
S.A. 129 OF 2022.
Exhibit 11 TRUE COPY OF THE STAY PETITION
I.A.NO.1120/22 IN S.A. 129 OF 2022
Exhibit -P12 TRUE COPY OF THE PROCEEDINGS DATED
01.06.2022 IN S.A. NO. 129 OF 2022
Exhibit-P13 TRUE COPY OF THE NOTICE DATED 09.06.2022
ISSUED BY THE ADV. COMMISSIONER TO THE
PETITIONERS
Exhibit-P14 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
KRISHI BHAVAN MUTTOM, THODUPZHA DATED
25.03.2022
Exhibit-P15 TRUE COPY OF THE LOAN ACCOUNT NO.
0325652000000780 EVIDENCING THE REMITTANCE
OF RS.50 LAKHS ON 6.6.2022.
