Anil Kumar V vs Bank Of Baroda
2022 Latest Caselaw 5281 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
 TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
                   OP (DRT) NO. 326 OF 2021
PETITIONER/S:

            ANIL KUMAR V
            AGED 51 YEARS
            S/O. VARGHESE,
            RESIDING AT T.C.NO.43/1157,
            KAILAS BHAVAN, DR. AMBEDKAR ROAD,
            MUTTATHARA, VALLAKADAVU P.O.,
            THIRUVANANTHAPURAM-695 008.
            BY ADVS.
            ARUN CHAND
            RESHMA.P.
            VINAYAK G MENON
            BHARAT VIJAY P.
            MAJID MUHAMMED K.
            C.IJLAL


RESPONDENT/S:

    1       BANK OF BARODA
            VALLAKADAVU BRANCH,
            THIRUVANANTHAPURAM-695 008
            REPRESENTED BY ITS AUTHORIZED OFFICER,
            THE CHIEF MANAGER.
    2       THE AUTHORIZED OFFICER,
            THE CHIEF MANAGER, BANK OF BARODA,
            VALLAKADAVU BRANCH,
            THIRUVANANTHAPURAM-695 008.


            BY SMT.R.REMA, STANDING COUNSEL

        THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION    ON   17.05.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 O.P.(DRT)No.326 of 2021
                                        ..2..




                            A.BADHARUDEEN, J.

         ------------------------------------------------------------
                          O.P.(DRT)No.326 of 2021
          ------------------------------------------------------------
               Dated this the 17th day of May, 2022

                              JUDGMENT

This original petition has been filed challenging

Ext.P6 notice issued by the Advocate Commissioner on the

basis of Exts.P3, P4 and P5 applications pending before the

Debts Recovery Tribunal-II, Ernakulam.

2. Heard both sides.

3. In fact, this original petition happened to be

filed before this Court, since there was no sitting before the

Debts Recovery Tribunal-II, Ernakulam to grant urgent

reliefs. This Court passed stay of further proceedings on

condition to deposit Rs.1 lakh on or before 31.12.2021 as

per order dated 16.12.2021. It is submitted by the learned O.P.(DRT)No.326 of 2021 ..3..

counsel for the petitioner that in obedience of the order, the

said amount was deposited. Accordingly, the stay also has

been extended.

4. It is submitted by the learned counsel for the

respondent, who represents Bank of Baroda, that now Debts

Recovery Tribunal has been sitting and the petitioner had

already approached the Tribunal to address his grievance.

In view of the matter, this original petition is practically

infructuous. Hence, he sought dismissal of the same.

5. The learned counsel for the petitioner also

conceded that now the petitioner had approached the Debts

Recovery Tribunal and the petitioner could very well address

his grievance before the said Tribunal.

6. In view of the factual scenario as espoused,

there is no reason to retain this original petition before this

Court further, since the grievance of the petitioner can be

addressed before the appropriate forum. O.P.(DRT)No.326 of 2021 ..4..

In view of the matter, this original petition stands

dismissed.

It is made clear that the interim order shall be in

operation for a period of two weeks from today with liberty

to the petitioner to appraise his grievance and seeks for

stay, if any, before the appropriate forum. The interim stay

shall not be available after two weeks.

Sd/-

A.BADHARUDEEN, JUDGE rkj O.P.(DRT)No.326 of 2021 ..5..

APPENDIX OF OP (DRT) 326/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 13.12.2021 ISSUED BY THE DEPARTMENT OF FINANCIAL SERVICE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA.

Exhibit P2 THE TRUE COPY OF THE PUBLIC NOTICE DATED 13.12.2021 VIDE NO.01/04/2015/DRT-2/ADMIN ISSUED BY THE REGISTRAR DRT-II, ERNAKULAM. Exhibit P3 THE TRUE COPY OF THE SECURITIZATION APPLICATION (I.D.NO.10496/2021) FILED UNDER SECTION 17 OF THE SARFAESI ACT BEFORE THE DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM.

Exhibit P4 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION (I.D. NO.10499/2021) FOR URGENT HEARING OF THE EXHIBIT P3 S.A. FILED BY THE PETITIONER BEFORE THE DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM. Exhibit P5 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION (ID.NO.10498/2021) FOR STAY OF FURTHER PROCEEDINGS FILED BY THE PETITIONER BEFORE THE DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM BENCH. Exhibit P6 THE TRUE COPY OF THE NOTICE DATED 10.12.2021 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.