Kerala High Court
C.A. Thomas vs The Authorized 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. 279 OF 2022
PETITIONER/APPLICANT:
C.A. THOMAS
AGED 75 YEARS, S/O. LATE JOSEPH,
CHARALIL HOUSE, THODUPUZHA KARA,
THODUPUZHA VILLAGE, THODUPUZHA P.O., IDUKKI DISTRICT,
PIN - 685586
BY ADV NISHA JOHN
RESPONDENTS/DEFENDANTS:
1 THE AUTHORIZED OFFICER, THE SOUTH INDIAN BANK LTD.,
REGIONAL OFFICE, REGENCY SQUARE, K.K. ROAD,
KOTTAYAM COLLECTORATE P.O., KOTTAYAM., PIN - 686002.
2 JOJI MATHEW
AGED 48 YEARS, S/O. C.A. MATHEW,
CHARALIL HOUSE, THODUPUZHA KARA, THODUPUZHA VILLAGE,
THODUPUZHA P.O., IDUKKI DISTRICT., PIN - 685586.
3 MARIYAKUTTY
AGED 84 YEARS, W/O. LATE C.A. MATHEW,
CHARALIL HOUSE, THODUPUZHA KARA, THODUPUZHA VILLAGE,
THODUPUZHA P.O., IDUKKI DISTRICT., PIN - 685586.
4 BESSY BABY
AGED 58 YEARS, W/O. BABY MATHEW,
THEKKEVATTAKUNNEL HOUSE,NAGAPUZHA P.O.,
KALLOORKAD VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 686668.
5 RETTY JOJO
AGED 55 YEARS, W/O. JOJO,
THACHUPARAMBIL HOUSE, KRRA-127,EDAPPALLY P.O.,
COCHIN, ERNAKULAM DISTRICT, PIN - 682024.
O.P(DRT).No.279/2022 2
6 REENA LOYD
AGED 55 YEARS, W/O. LOYD, KOTTAPARAMBIL HOUSE,
LIG-3, FORT COCHIN,ERNAKULAM DISTRICT.,
PIN - 682001
7 SAIBY
AGED 53 YEARS, W/O. LATE JACOB [email protected] JAISON,
ODATHUPARAMBIL HOUSE, KANJIRAMATTAM EAST P.O.,
KARIKKODE, THODUPUZHA, IDUKKI DISTRICT,
PIN - 685605
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.279/2022 3
JUDGMENT
The petitioner has approached this Court being
aggrieved by the fact that a certain extent of property
belonging to the petitioner was brought to sale by the Bank
to recover amounts due from the deceased brother of the
petitioner, who according to the petitioner had encroached
upon the property of the petitioner and had constructed a
building. It is pointed out that there are civil proceedings
between the petitioner and the family of his deceased
brother regarding the same and the civil suit is pending.
When this matter came up for consideration on 14-06-2022,
I recorded the submission of the learned Standing Counsel
for the respondent Bank as under.
"Taking note of the submission of the learned
counsel for the respondent Bank that the property
brought to sale does not include the property of the
petitioner, this writ petition will stand adjourned to
enable the respondent Bank to file a counter affidavit in
the matter".
When this matter is taken up today, it is brought to my
notice that the sale proposed to be held on 15-06-2022,
pursuant to Ext.P3 did not fructify. It is also pointed out that
the petitioner has already approached the Debts Recovery
Tribunal through a duly constituted Securitisation
Application and therefore this Petition may be closed leaving
it open to the petitioner to pursue his remedies before the
Debts Recovery Tribunal.
Having regard to the facts and circumstances of the
case this O.P(DRT) will stand closed leaving it open to the
petitioner to raise all his contentions in the pending
Securitisation Application before the Tribunal. The
submission of the learned Standing Counsel that no property
belonging to the petitioner has been brought to sale is
recorded.
This O.P.(DRT) will stand closed as above.
Sd/-
GOPINATH P.
JUDGE
ats
APPENDIX OF OP (DRT) 279/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THE HIGH
COURT OF KERALA DATED 11.07.2019 IN
WP(C) NO. 40137/2018 ALONG WITH
MEDIATION AGREEMENT.
EXHIBIT P2 TRUE COPY OF THE SUIT DATED 07.06.2022
FILED BEFORE THE MUNSIFF'S COURT
THODUPUZHA OS NO. 130/2022
EXHIBIT 3 TRUE COPY OF THE SALE NOTICE DATED
25.05.2022 PUBLISHED IN DEEPIKA DAILY
DATED 27.05.2022
EXHIBIT P4 TRUE COPY OF THE SECURITIZATION
APPLICATION PROCEEDINGS FILED BEFORE THE
DEBT RECOVERY TRIBUNAL ON 10.06.2022.
