Sooraj C. K vs The Authorised Officer
2022 Latest Caselaw 3466 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                     OP (DRT) NO. 148 OF 2022
  AGAINST THE ORDER/JUDGMENT IN SA NO.211/2021 OF DEBT RECOVERY
                     TRIBUNAL - II, ERNAKULAM
PETITIONERS/PETITIONERS:

    1     SOORAJ C. K.
          AGED 47 YEARS
          S/O. C.K. KUNJUKUTTY,
          TC 3/1548, CHEMPILATH VIKAS,
          M.I. NAGAR, IVTH LANE,
          KESAVADASAPURAM,
          PATTOM P. O.,
          TRIVANDRUM DISTRICT,
          PIN - 695 004,
          PRESENTLY RESIDING AT SRA-87-A,
          LIBRARY ROAD,
          KURISHADI JUCNTION,
          NALANCHIRA P. O.,
          THIRUVANANTHAPURAM,
          PIN - 695 015.
    2     NISHA GEORGE
          AGED 43 YEARS
          W/O. SOORAJ C.K.,
          SRA-87-A,
          LIBRARY ROAD,
          KURISHADI JUNCTION,
          NALANCHIRA P. O.,
          TRIVANDRUM DISTRICT,
          PIN - 695 015.

          BY ADVS.
          K.M. SATHYANATHA MENON
          KAVERY S. THAMPI


RESPONDENTS/RESPONDENTS:

    1     THE AUTHORISED OFFICER
          MUTHOOT VEHICLE & ASSETS CORPORATE OFFICE,
          5TH & 6TH FLOOR,
          MITHUR TOWER,
          K.P. VALLON ROAD,
          KADAVANTHRA,
          KOCHI - 682 020.
 OP(DRT) NO.148 of 2022

                                     2

    2        MUTHOOT VEHICLE & ASSETS CORPORATE OFFICE
             5TH & 6TH FLOOR, MITHUR TOWER,
             K.P. VALLON ROAD,
             KADAVANTHRA,
             KOCHI - 682 020,
             REPRESENTED BY CHIEF MANAGER.

             SRI. SABU S.KALLARAMOOLA
             LEEJOY MATHEW. V.



     THIS    OP   (DEBT   RECOVERY   TRIBUNAL)   HAVING   COME   UP   FOR
ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(DRT) NO.148 of 2022

                                   3




                                 JUDGMENT

The petitioners have filed this OP(DRT)

challenging Ext.P7 order of the Chief Judicial

Magistrate Court, Thiruvananthapuram appointing an

Advocate Commissioner to take possession of the

secured assets and also Ext.P8 notice issued by the

Advocate Commissioner intimating the petitioners

that he will be taking possession of the properties on

21.02.2022.

2. The petitioners have filed this OP(DRT)

before this Court challenging the SARFAESI

proceedings as no presiding officer was available

before the Debts Recovery Tribunal - II, Ernakulam.

Since the presiding officer for the Debts Recovery

Tribunal - II, Ernakulam has been appointed the said

Tribunal has started functioning. OP(DRT) NO.148 of 2022

Accordingly, OP (DRT) is disposed of granting

liberty to the petitioners to move the Tribunal for

appropriate reliefs. To enable the petitioners to move

the Debts Recovery Tribunal - II, Ernakulam, the

interim order granted by this Court in the OP (DRT)

No.148 of 2022 will continue for a period of three

weeks from today.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR OP(DRT) NO.148 of 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE PERSONAL LOAN AGREEMENT GOT SIGNED FROM THE PETITIONERS DATED 27/03/2014. EXHIBIT P2 TRUE COPY OF THE BANK STATEMENT FOR THE PERIOD FROM 01/03/2014 TO 30/04/2014 ISSUED FROM MUTHOOT VEHICLE & ASSETS, CORPORATE OFFICE, KOCHI.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 10/03/2021 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT.

EXHIBIT P4 TRUE COPY OF THE REPLY DATED 13/04/2021.

EXHIBIT P5 TRUE COPY OF THE RULE 8(1) POSSESSION NOTICE DATED NIL.

EXHIBIT P6 TRUE COPY OF THE SECURITIZATION APPLICATION NO.211/2021 WITHOUT ANNEXURES PENDING BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 18/01/2022 ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER.

EXHIBIT P9 TRUE COPY OF THE PETITION NO.1489 IN S.A.NO.211/2021 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM. EXHIBIT P10 TRUE COPY OF THE PETITION NO.1490 IN S.A.NO.211/2021 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM. EXHIBIT P11 TRUE COPY OF PETITION NO.1491 IN S.A.NO.211/2021 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM. OP(DRT) NO.148 of 2022

RESPONDENTS EXHIBITS:

EXHIBIT R1(a) TRUE COPY OF CONFIRMATION LETTER OF 1ST PETITIONER DATED 28.03.2014.

EXHIBIT R1(b) TRUE COPY OF LETTER OF 1ST PETITIONER DATED 27.03.2014.

EXHIBIT R1(c) TRUE COPY OF OBJECTION FILED IN O.P(ARB.) NO.718/2014 BY THE 1ST PETITIONER.

EXHIBIT R1(d) TRUE COPY OF THE CERSAI REGISTRATION REPORT PERTAINING TO THE PROPERTY OF 1ST PETITIONER.

EXHIBIT R1(e) TRUE COPY OF ORDER IN COMPANY PETITION NO.127/2014 OF HON'BLE HIGH COURT OF BOMBAY.

EXHIBIT R1(f) TRUE COPY OF STATEMENT OF ACCOUNT DATED 14.02.2022 MAINTAINED IN THE NAME OF PETITIONERS PERSONAL LOAN ACCOUNT.