Rasiya Ali vs Authorized Officer
2023 Latest Caselaw 5235 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                  OP (DRT) NO. 177 OF 2023
    AGAINST THE ORDER/JUDGMENTSA 6/2020 OF DEBT RECOVERY
                    TRIBUNAL, ERNAKULAM
PETITIONER/S:

         RASIYA ALI,
         AGED 41 YEARS
         W/O ALI.K.I, AGED 41 KILLIYANGAL HOUSE, KUNNAPURAM
         ROAD, KAKKANAD P.O, PIN - 682030
         BY ADVS.
         SADCHITH.P.KURUP
         C.P.ANIL RAJ
         S.SHIV SHANKAR
         SIVA SURESH


RESPONDENT/S:

         AUTHORIZED OFFICER,
         M/S PEOPLES URBAN CO-OPERATIVE BANK LTD NO.51 HEAD
         OFFICE, THRIPUNITHUR, PIN - 682301
         BY ADV Devaprasanth P.J


    THIS OP (DEBT RECOVERY TRIBUNAL) HAVING
COME UP FOR ADMISSION ON 20.04.2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT)No.177/2023
                                        -: 2 :-


                      P.G.AJITHKUMAR, J.
           ========================
                   OP(DRT)No.177 of 2023
           ------------------------------------------------
                      Dated this the 20th day of April 2023

                                JUDGMENT

Ext.P1, SA No.6 of 2020 was dismissed by the Debt

Recovery Tribunal-1, Ernakulam on 11.04.2023. The petitioner

proposes to file an appeal under Section 18 of the Securitisation

and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 before the Debts Recovery Appellate

Tribunal, Chennai. The petitioner would submit that he is yet to

receive a copy of the order dated 11.04.2023. The petitioner

apprehends that the respondent Bank may initiate coercive steps

immediately.

2. Learned Standing Counsel appearing for the

respondents submitted that an authenticated copy of order dated

11.04.2023 was already furnished to the petitioner. The period of

filing an appeal under Section 18 of the SARFAESI Act is 30 days.

3. In such circumstances, this original petition is

disposed of by directing the respondent bank not to initiate any OP(DRT)No.177/2023

coercive steps in relation to the recovery of the debt in question

for a period of 30 days.

Sd/

P.G.AJITHKUMAR JUDGE jm/ OP(DRT)No.177/2023

APPENDIX OF OP (DRT) 177/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF SA NO 6/20 ON THE FILE OF DRT 1 ERNAKULAM WITH OUT ANNEXURES Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 18.01.2020 FILED BY THE DEFENDANT IN SA 6/20 IN DRT 1 ERNAKULAM