Sajeeba Salim vs The Federal Bank Ltd
2022 Latest Caselaw 4980 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                   &
             THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
     WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                           WA NO. 554 OF 2022
        JUDGMENT IN WP(C) 3853/2022 OF HIGH COURT OF KERALA
                                ........
APPELLANT/PETITIONER:

          SAJEEBA SALIM, AGED 54, D/O K.MEERA SAHIB,
          PRESENTLY RESIDING AT AYUSH AYURVEDA HEALTHCARE
          PVT LTD., BLOCK 927, YISHUN CENTRAL 1,#01-171,
          SINGAPORE (FIN G3380234Q) FROM "KALLUMPURAYIDOM",
          PETTAH MURI, PATHANAMTHITTA VILLAGE, KOZHENCHERRY
          TALUK, PATHANAMTHITTA DISTRICT-689 653, KERALA,
          REPRESENTED BY HER POWER OF ATTORNEY, MUHAMMED
          NASEEF BIN SALIM, AGED 29, S/O K.M.ABDUL SALIM,
          "KALLUMPURAYIDOM", PETTAH MURI, PATHANAMTHITTA
          VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA
          DISTRICT-689 653.

          BY ADVS. SRI.P.HARIDAS
          BIJU HARIHARAN
          SHIJIMOL M.MATHEW
          P.C.SHIJIN
          RISHIKESH HARIDAS



RESPONDENTS/RESPONDENTS:

    1     THE FEDERAL BANK LTD., PATHANAMTHITTA BRANCH,
          REPRESENTED BY ITS MANAGER, FEDERAL BANK LTD.,
          PATHANAMTHITTA BRANCH, P.B.NO.14, COLLEGE ROAD,
          PATHANAMTHITTA 689 645.

    2     MR.SHANMUGHAN CHETTIYAR, AGED ABOUT 68 YEARS,
          S/O VAIRABHAN, RESIDING AT SRIMANGALAM,
          ANANDAPALLY P.O., VIA ADOOR, PATHANAMTHITTA,
          PIN 691 525.
 WA 554/22                         2




      3     MR.RAJESH BABU, AGED 44 YEARS, S/O MR.BABU,
            RESIDING AT KIZHAKKAYIL, CHIRAKADAVU P.O.,
            KANJIRAPALLY, KOTTAYAM-686 506.

      4     AJEEBA M SAHIB, AGED ABOUT 49, W/O ABDUL KHADER,
            RESIDING AT AARIPPILA HOUSE, PETTAH,
            PATHANAMTHITTA, PIN 689 645.

      5     JEEBA MEERA SAHIB, AGED ABOUT 47, D/O LATE MEERA
            SAHIB, KALLUMPURAYIDOM, PETTAH MURI, PATHANAMTHITTA
            VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA
            DISTRICT - 689 653.

      6     NAJEEB M SAHIB, AGED ABOUT 45 YEARS, S/O LATE MEERA
            SAHIB, "KALLUMPURAYIDOM", PETTAH MURI, PATHANAMTHITTA
            VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA
            DISTRICT - 689 653.

      7     THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL,
            KERALA AT ERNAKULAM, OFFICER OF THE DEBT RECOVERY
            OFFICER, DRT, KERALA, 8TH FLOOR, K.S.H.B. BUILDING,
            PANAMPILLY NAGAR, ERNAKULAM, PIN 682 036.


       THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA 554/22                                 3




                                    JUDGMENT

Devan Ramachandran, J.

The appellant has approached this Court, through this writ appeal,

challenging the judgment of the learned Single Judge granting three months

time to the Debts Recovery Tribunal (DRT) to dispose of the statutory appeal;

however, extending the interim order against recovery only for a period of one

month.

2. When this matter was called today, the learned counsel for the

parties were ad idem that the DRT is endeavouring to dispose of the appeal

within the time granted in the judgment. Hence, we are of the firm view that

interests of justice will be served if we offer sufficient protection to the

appellant till the DRT disposes of the said appeal.

We, therefore, allow this writ appeal modifying the impugned

judgment solely to the extent that the interim order granted in the writ

petition will remain in force until such time as the DRT disposes of the

statutory appeal.

In all other respects, the judgment will stand unaltered.

Sd/-

Devan Ramachandran, Judge

Sd/-

P.G.Ajithkumar, Judge tkv