Sulaiman Assanar Kunju vs Authorised Officer, Icici Bank ...
2023 Latest Caselaw 8406 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
         MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                           OP (DRT) NO. 285 OF 2023
AIR (DIARY )NO.893/2023 ON THE FILE OF DEBT RECOVERY APPELLATE TRIBUNAL,
                                   CHENNAI
PETITIONER/APPELLANT:

     1     SULAIMAN ASSANAR KUNJU
           AGED 62 YEARS
           S/O.ASSANAR KUNJU
           TC 9/113, G-5, G STREET,
           NAKSHATRA, S.S.KOVIL LANE, KOWDIAR,
           THIRUVANATHAPURAM., PIN - 695003
           BY ADVS.
           ZAKEER HUSSAIN
           K.A.SANJEETHA

RESPONDENTS/RESPONDENTS:

     1     AUTHORISED OFFICER,
           ICICI BANK LTD
           MORTGAGE DEPARTMENT, ZONAL OFFICE,
           PUSHPAMANGALAM ESTATE, NH BYE PASS,
           EDAPPALLY., PIN - 682028
     2     ICICI BANK LTD
           M.G ROAD BRANCH, PULIMOODU,
           THIRUVANANTHAPURAM,PIN - 695001
           REP. BY ITS CHIEF MANAGER.,
           BY ADVS.
           PRADEESH CHACKO
           LAL K JOSEPH
           SURESH SUKUMAR(K/634/1997)
           ANZIL SALIM(K/000447/2018)

     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT) No.285 of 2023
                                      2




                                C. S. DIAS, J.
                -------------------------
                    O.P.(DRT) No.285 of 2023
                -------------------------
          Dated this the 07th day of August, 2023

                                JUDGMENT

The original petition is filed to direct the Debt

Recovery Appellate Tribunal, Chennai (in short,

'Tribunal') to consider and dispose of Ext.P20

stay petition and Ext.P21 waiver petition filed in

Ext.P19 appeal (Diary No.893/2023),

expeditiously.

2. Pursuant to the order dated 27.07.2023

passed by this Court, the Appellate Tribunal, by

communication dated 04.08.2023 has informed

this Court that the appeal has been filed on

11.07.2023. There are also applications for

waiver and for grant of stay of coercive

proceedings, pending. There are certain defects OP(DRT) No.285 of 2023

in the appeal which was directed to be cured on

or before 11.08.2023. The Appellate Tribunal

would consider and dispose of the applications as

directed by this Court.

3. Heard; Sri.Zakeer Hussain, the learned

Counsel appearing for the petitioner and Sri.Lal

K.Kose, the learned Counsel appearing for the

respondents.

4. Having considered the pleadings and

materials on record and taking note of the fact

that Exts.P20 and P21 applications are pending

consideration before the Appellate Tribunal in

Ext.P19 appeal, I deem it appropriate to direct

the Appellate Tribunal to consider and dispose of

Exts.P20 and P21, immediately.

Resultantly, in exercise of the supervisory

powers of this Court under Article 227 of the

Constitution of India, I order the original petition

as follows:

OP(DRT) No.285 of 2023

(i) The Appellate Tribunal is directed to

consider and dispose of Exts.P20 and P21

applications, in accordance with law and as

expeditiously as possible, at any rate, within a

period of two months from the date of receipt of a

certified copy of this judgment, after affording

the parties an opportunity of being heard.

(ii) Until such time orders are passed on

Exts.P20 and P21, all further coercive

proceedings as against the secured asset shall

stand deferred.

Sd/-

C. S. DIAS JUDGE SKP/07-08 OP(DRT) No.285 of 2023

APPENDIX OF OP (DRT) 285/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 22/07/2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE LOAN ACCOUNT NO.LBTVM00002962529 DETAILS AS ON 25/11/2021 FOR RS.1,50,00,000/-.

EXHIBIT P3 A TRUE COPY OF THE LOAN ACCOUNT NO.

LBTVM00002168773 DETAILS IN RESPECT OF THE LOAN AS ON 25/11/2021 ISSUED BY THE 2ND RESPONDENT BANK FOR RS.3,00,00,000/-.

EXHIBIT P4 A TRUE COPY OF THE LOAN ACCOUNT NO.LBTVM00002168774 DETAILS IN RESPECT OF THE LOAN AS ON 25/11/2021 ISSUED BY THE 1ST RESPONDENT BANK FOR RS.2,61,08,000/-. EXHIBIT P5 TRUE COPY OF THE POSSESSION NOTICE DATED 08/12/2021 ISSUED BY THE 1ST RESPONDENT. EXHIBIT.P6 TRUE COPY OF THE POSSESSION NOTICE DATED 14/12/2021 PUBLISHED IN INDIAN EXPRESS ENGLISH DAILY DATED 14/12/2021.

EXHIBIT.P7 TRUE COPY OF THE INTERIM ORDER DATED 25/01/2022 IN WRIT PETITION (C) NO.2528/2022. EXHIBIT.P8 TRUE COPY OF THE RECEIPT DATED 23/02/2022 SHOWING THE REMITTANCE OF RS.5,09,740/- BY WAY OF RTGS TRANSFER.

EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 23/02/2022 SHOWING THE REMITTANCE OF RS.2,40,260/-. EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED 31/12/2021 SHOWING THE REMITTANCE OF RS.2,55,000/-. EXHIBIT.P11 TRUE COPY OF THE RECEIPT DATED 24/03/2023 SHOWING THE REMITTANCE OF RS.30,00,000/-. EXHIBIT.P12 TRUE COPY OF THE RECEIPT DATED 29/05/2023 SHOWING THE REMITTANCE OF RS.25,00,000/- . EXHIBIT.P13 TRUE COPY OF THE NOTICE DATED 06/05/2023 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C.NO.285/2023.

EXHIBIT.P14 TRUE COPY OF S.A.NO.239/2023 FILED BY THE APPLICANT BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.

EXHIBIT.P15 TRUE COPY OF I.A.NO.1591/2023 IN S.A.NO.239/2023 BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.

EXHIBIT.P16 A TRUE COPY OF THE COUNTER AFFIDAVIT (WITHOUT ANNEXURES) FILED BY THE RESPONDENTS TO I.A. NO.1591/2023 IN S.A.NO.239/2023 DATED 24/05/2023 EXHIBIT.P17 TRUE COPY OF THE ORDER DATED 27/06/2023 IN I.A OP(DRT) No.285 of 2023

NO.1591/2023 IN S.A. NO.239/2023 OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM. EXHIBIT.P18 TRUE COPY OF THE RECEIPT DATED 06/07/2023 SHOWING THE DEPOSIT OF RS.10 LAKHS. EXHIBIT.P19 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER AS AIR (DIARY)NO.893/2023 BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI. EXHIBIT.P20 TRUE COPY OF THE STAY PETITION FILED ALONG WITH AIR (DIARY)NO.893/2023 BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI.

EXHIBIT.P21 TRUE COPY OF THE PETITION FOR WAIVER OF PRE-

DEPOSIT FILED ALONG WITH AIR (DIARY)NO.893/2023 BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI DATED 08/07/2023.

EXHIBIT.P22 TRUE COPY OF THE URGENT APPLICATION FILED BY THE PETITIONER IN AIR (DIARY)NO.893/2023 BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI DATED 12/07/2023.

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE