V. Shareef vs The Authorised Officer
2023 Latest Caselaw 4355 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 11TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945
                      OP (DRT) NO. 437 OF 2022
 I.A.NO.223/2022 IN AIR (SA) NO.105/2022 PENDING BEFORE THE DEBTS
                RECOVERY APPELLATE TRIBUNAL, CHENNAI
PETITIONERS/APPLICANTS/APPELLANTS:

    1     V. SHAREEF,
          AGED 54 YEARS
          S/O. V. AHAMMEDKUTTY, EXCEL PLAZA, PETTA, FEROKE,
          KOZHIKODE DISTRICT, PIN - 673301
    2     SUHARA,
          AGED 48 YEARS
          W/O. V. SHAREEF, EXCEL PLAZA, PETTA, FEROKE, KOZHIKODE
          DISTRICT, PIN - 673301
          BY ADVS.
          NISHA GEORGE
          GEORGE POONTHOTTAM (SR.)(K/000570/1979)
          N.SASI


RESPONDENT:

          THE AUTHORISED OFFICER,
          STATE BANK OF INDIA, STRESSED ASSETS MANAGEMENT BRANCH,
          NO.32/1747, K1, 7TH FLOOR, VENKARATH TOWERS,
          PALARIVATTOM, KOCHI, PIN - 682024
          BY ADV SHRI.JITHESH MENON, SC, SBI
          BY EASWARAN SC



     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO.437 OF 2022
                                       2


                 ANU SIVARAMAN, J.
          =========================
              OP (DRT) NO.437 OF 2022
          =========================
           Dated this the 11th day of April, 2023

                             JUDGMENT

This OP(DRT) is filed seeking the following

relief:

"i) To call for the records and files leading to Exhibits P1, P4 orders, Ext.P9 notice issued by the Advocate Commissioner and Exhibit P10 order scrutinize and set aside the same."

2. Heard the learned Senior Counsel appearing for

the petitioners and the learned Standing Counsel

appearing for the respondent.

3. It is submitted by the learned Senior Counsel

for the petitioners that the payment of a further

pre-deposit of Rs.4 Crores as directed by the Debt

Recovery Appellate Tribunal (DRAT) is unjustified, in view

of the fact that the DRAT has already ordered pre-deposit

in a connected appeal. Reliance is placed on a judgment OP (DRT) NO.437 OF 2022

dated 06.10.2022 of a Division Bench of this Court in

W.A.No.233 of 2020, wherein it is held as follows:

"38. In fact, what is under challenge before the Appellate Tribunal predominantly is the dismissal of T.S.A No.10/2016 by the Debt Recovery Tribunal; however, the order passed by the DRT in the interlocutory application is closely intertwined and interconnected, and therefore, the findings may have to be rendered in the appeals on the basis of the findings generated in the interlocutory application by the Tribunal thus, dismissing the Securitisation Appeal.

39. It may be true that sub-section (1) of Section 18 of the SARFAESI Act, 2002, contemplates appeal from any order made by the Debt Recovery Tribunal, but the expression 'any order' cannot be brought into play, so as to interpret the term "pre-deposit", in contemplation of second proviso to Section 18(1), in a circumstance like the one on hand. Therefore, we are of the considered view that the Appellate Tribunal was right in holding that there is no requirement for ordering a separate predeposit, in view of the pre-deposit ordered in AIR 690/2018. In that view of the matter, learned single Judge was also right in upholding the approach made by the Appellate Tribunal in that regard."

Having considered the contentions advanced

and having heard the learned counsel appearing on either OP (DRT) NO.437 OF 2022

side, I am of the opinion that the appeal submitted by the

petitioners is, therefore, liable to be considered without

insisting on any pre-deposit, in view of the fact that

pre-deposit has already been ordered in AIR (SA) No.80

of 2022. In case the pre-deposit is made in the said AIR

(SA) No.80 of 2022, AIR No.105 of 2022 which is a

connected matter shall also be received on file and

considered without insisting on the pre-deposit as

ordered by the DRAT is made.

Sd/-

ANU SIVARAMAN JUDGE

SSK/11/04 OP (DRT) NO.437 OF 2022

APPENDIX

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE DEMAND NOTICE BEARING REF.NO. SAMB/EKM/2018-19/176 DATED 28.06.2018.

Exhibit-P2 TRUE COPY OF THE REPLY UNDER SECTION 13(3A) DATED 17.08.2018 FILED ON BEHALF OF THE PETITIONERS.

Exhibit-P3 TRUE COPY OF THE REPLY TO THE LEGAL NOTICE SUBMITTED BY THE RESPONDENT DATED 07.09.2018.

Exhibit-P4 TRUE COPY OF THE ORDER IN I.A.NO.487/2022 IN S.A.NO.47/2019 DATED 20.04.2022 PASSED BY THE HON'BLE DRT-1, ERNAKULAM. Exhibit-P5 TRUE COPY OF THE AIR (SA) NO. 105/2022 FILED BEFORE THE HON'BLE DRAT, CHENNAI. Exhibit-P6 TRUE COPY OF THE WAIVER APPLICATION AS I.A.NO.252/2022 IN AIR(SA) 105 OF 2022 FILED BEFORE THE HON'BLE DRT, CHENNAI DATED 20.04.2022.

Exhibit-P7 . TRUE COPY OF THE UNNUMBERED STAY PETITION IN AIR(SA) 105 OF 2022 FILED BEFORE THE HON'BLE DRT, CHENNAI DATED 20.04.2022.

Exhibit-P8 . TRUE COPY OF THE JUDGMENT DATED 02.09.2022 IN OP(DRT) NO. 352 OF 2022 PASSED BY THIS HON'BLE COURT. Exhibit-P9 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 20.10.2022. OP (DRT) NO.437 OF 2022

Exhibit-P10 TRUE COPY OF THE ORDER PASSED IN I.A.NO.223/2022 (WAIVER) IN AIR(SA) 105/2022 DATED 26.10.2022 PASSED BY TEH DRAT, CHENNAI DOWNLOADED AS PUBLISHED IN THE WEBSITE.

Exhibit-P10(a) TYPED COPY OF THE ORDER PASSED IN I.A.NO.223/2022 (WAIVER) IN AIR(SA) 105/2022 DATED 26.10.2022 PASSED BY THE DRAT, CHENNAI.

Exhibit-P11 TRUE COPY OF THE ORDER DATED 14.06.2022 IN IA NO. 113/2022 PASSED BY THE DRAT, CHENNAI