Kerala High Court
C.M Mathew vs State Bank Of India on 28 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
OP (DRT) NO. 186 OF 2023
AGAINST THE ORDER/JUDGMENTSA 396/2022 OF DEBT RECOVERY TRIBUNAL,
ERNAKULAM
PETITIONER:
C.M MATHEW
AGED 69 YEARS
RESIDENT OF C/G/C. SWAPNA NAGRI CO-OPERATIVE HOUSING
SOCIETY, FATORDA, SALCETE, GOA, PIN - 403602
BY ADV BASIL MATHEW
RESPONDENTS:
1 STATE BANK OF INDIA
SME CENTRE, KOZHIKODE, BANK ROAD, MANANCHIRA, THROUGH
ITS AUTHORIZED OFFICER., PIN - 673001
2 AGASTIN C.M
PROPRIETOR, M/S. MALABAR CERAMICS AND TILES, OFFICER AT
1/156, MALABAR BUILDING, WEST HILL, KOZHIKODE, PIN -
673005
BY ADVS.
Ambily S
K.K.CHANDRAN PILLAI (SR.)(C-41)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(DRT) No.186 OF 2023
2
JUDGMENT
Dated this the 28th day of April, 2023
This original petition is filed seeking the
following reliefs:
"(i) Pass an order to stay all further proceedings pursuant
Exhibit P3 Advocate Commissioner notice, and all further
proceedings under the SARFAESI Act against the applicant.
(ii) Direct the respondent financial institution to grant one
month time to the petitioner to pay balance amount to
comply the order of DRT1"
2. Advocate S.Ambily takes notice for the 1st
respondent. Notice for the 2 nd respondent is
dispensed with taking into consideration the limited
relief sought.
3. As per Exhibit P4, on 06.03.2023, an
order was passed which reads as follows:
"Ad-Interim stay is granted till 10.04.2023 with respect
to the petition schedule mentioned property, against
the 1st respondent, subject to payment of Rs.5,00,000/-
(Rupees Five Lakhs only) directly to the 1st Respondent
bank on or before 31.03.2023 as 1st installment and
another sum of Rs.7,50,000/- (Rupees Seven Lakhs
OP(DRT) No.186 OF 2023
Fifty Thousand only) directly to the 1 st respondent bank
on or before 10.04.2023 as 2nd installment."
4. Thereafter, the 1st instalment was paid as
per Exhibit P5 cheque dated 08.03.203 and has
been realized also. Since the 2nd instalment could
not be paid within time, the petitioner moved the
DRT again and on 03.04.2023 another order was
passed in I.A.No.982 of 2023 whereby the time was
extended till 29.04.2023 for payment of the balance
amount of Rs.7,50,000/-.
5. Today when the case is called, the learned
counsel for the petitioner submits that if the
petitioner is granted one month's time, he can pay
the balance amount as he is in great financial
difficulty.
6. The learned Standing Counsel for the 1 st
respondent vehemently opposes the prayer and
states that the DRT itself had granted time till
29.04.2023 for the 2nd installment and he has not
OP(DRT) No.186 OF 2023
availed the said time. Therefore, no indulgence can
be given to him.
Having considered the facts and
circumstances of the case and more particularly
that the 1st instalment has been paid on
08.03.2023, I am inclined to grant the petitioner
three weeks time to pay the 2 nd instalment of
Rs.7,50,000/-. In the result, OP(DRT) is disposed
of directing the petitioner to deposit the 2 nd
instalment of Rs.7,50,000/- within three weeks
from today. If the amount is not paid within such
time, the bank is free to proceed in accordance with
law.
Sd/-
BASANT BALAJI
JUDGE
SSK/28/04
OP(DRT) No.186 OF 2023
APPENDIX
PETITIONER ANNEXURES
Exhibit P1 TRUE COPY OF POSSESSION NOTICE DATED
06.07.2022
Exhibit P2 TRUE COPY OF THE SA WITHOUT ANNEXURE DATED
06.08.2022
Exhibit P3 TRUE COPY OF COMMISSIONER NOTICE DATED
13.02.2023
Exhibit P4 TRUE COPY OF THE STAY ORDER DATED
06.03.2023
Exhibit P5 TRUE COPY OF THE RECEIPT FOR REMITTANCE OF
RS. 5,00,000/- DATED 08.03.2023
Exhibit P6 TRUE COPY OF THE ORDER OF EXTENSION OF STAY
DATED 03.04.2023
RESPONDENT'S EXHIBITS:NIL
SSK //TRUE COPY// PA TO JUDGE
