C.U. Devassy vs The Chief Manager, State Bank Of ...
2023 Latest Caselaw 8722 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                        OP (DRT) NO. 304 OF 2023
 AGAINST THE ORDER/JUDGMENTSA 632/2022 OF DEBT RECOVERY TRIBUNAL-
                              2, ERNAKULAM
PETITIONER/S:

    1     C.U. DEVASSY,
          AGED 88 YEARS
          PROPRIETOR, CHUNDAKKATIL TRADERS.(DIED ON 26.06.2023)
          V/751, MARKET ROAD, PUDUKKAD, THRISSUR DISTRICT, PIN.
          680301 (AGED 88 YEARS, S/O. ULAHANNAN, CHUNDAKKATTIL
          HOUSE, KANJOOR, PUDUKKAD, THRISSUR DISTRICT-680301

    2     ELSY DEVASSY ,
          AGED 76 YEARS
          W/O C.U DEVASSY,CHUNDAKKATTIL HOUSE, KANJOOR, PUDUKKAD,
          THRISSUR DISTRICT, PIN - 680301

    3     C.D. ROBERT ,
          AGED 56 YEARS
          S/O C.U DEVASSY, CHUNDAKKATUL HOUSE, KANJOOR,
          PUDUKKAD,THRISSUR DISTRICT., PIN - 680301

    4     C.D. GLANSON ,
          AGED 56 YEARS
          S/O C.U DEVASSY, CHUNDAKKATUL HOUSE, KANJOOR,
          PUDUKKAD,THRISSUR DISTRICT., PIN - 680301

    5     C.D SHAJU,
          AGED 53 YEARS
          S/O C U DEVASSY, CHUNDAKKATTIL HOUSE, KANJOOR,
          PUDUKKAD, THRISSUR DISTRICT,, PIN - 680301

    6     JOSHI,
          AGED 49 YEARS
          S/O C.U DEVASSYCHUNDAKKATTIL HOUSE, KANJOOR, PUDUKKAD,
          THRISSURDISTRICT, ,, PIN - 680301

          BY ADVS.
          BABY THOMAS
          GEORGE T.J
          INDRAJITH S KAIMAL
          ALICIA JOSE
 OP (DRT) NO. 304 OF 2023
                             2



RESPONDENT/S:

    1    THE CHIEF MANAGER, STATE BANK OF INDIA,
         PUDUKKAD BRANCH, PULIKKAN HYPER BAZAR BUILDING,
         PUDUKKAD, THRISSUR, PIN - 680300

    2    REGIONAL MANAGER, STATE BANK OF INDIA,
         REGIONAL OFFICE, REGION 2, GEETHANJALL,
         PARAMEKKAVU BUILDING. THRISSUR, PIN - 680001

    3    ASSISTANT GENERAL MANAGER (NPA-MANAGEMENT)
         LOCAL HEAD OFFICE, ROTARY JUNCTION, POOJAPPURA
         MAIN ROAD, KESARI NAGAR, POOJAPURA,
         THIRUVANANTHAPURAM, KERALA, PIN - 695012


OTHER PRESENT:

         SRI JITHESH MENON




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 OP (DRT) NO. 304 OF 2023
                               3

                        JUDGMENT

The original petition is filed, to direct the Debt

Recovery Tribunal-II, Ernakulam to consider and dispose

of I.A.No.2481/2023 (ID No.10543/2023) in

S.A.No.632/2022, immediately.

2. Pursuant to the order dated 04.08.2023 passed

by this Court, the Tribunal, by communication dated

07.08.2023, has informed this Court that

I.A.No.2481/2023 was filed on 31.07.2023. The Tribunal

requires one month time to dispose of the application.

3. Heard; Sri.Baby Thomas, the learned counsel

appearing for the petitioners and Sri.Jithesh Menon, the

learned Counsel appearing for the respondents.

4. Having considered the pleadings and materials

on record and after perusing the communication of the

learned Tribunal and in exercise of the supervisory

powers of this Court under Article 227 of the

Constitution of India, I deem it appropriate to dispose of OP (DRT) NO. 304 OF 2023

the original petition as follows:

(i) The Debt Recovery Tribunal-II, Ernakulam is

directed to consider and dispose of

I.A.No.2481/2023 in SA No.632/2022, in

accordance with law and as expeditiously as

possible, at any rate on or before 25.08.2023,

after affording the parties an opportunity of

being heard.

(ii) Until such time orders are passed on the

above application, further recovery

proceedings shall stand deferred.

Sd/-

C.S.DIAS JUDGE rkc/09.08.23 OP (DRT) NO. 304 OF 2023

APPENDIX OF OP (DRT) 304/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE 13 (2) NOTICE DATED 16.06.2022 IN SA 632/2022 ON THE FILE OF ERNAKULAM DRT II

Exhibit P2 TRUE COPY OF THE AFFIDAVIT FILED IN CMP NO.902/2023 BEFORE THE CJM COURT, THRISSUR DATED 30.01.2023

Exhibit P3 TRUE COPY OF THE ORDER DATED 09.02.2023 IN CMP NO. 902/2023 BEFORE THE CJM COURT, THRISSUR APPOINTING ADVOCATE COMMISSIONER

Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 18.03.2023

Exhibit P 5 TRUE COPY THE STAY PETITION WITH IA NO.

1270/2022 IN SA 632/2022 DATED 13.04.2023

Exhibit P6 TRUE COPY OF THE ORDER DATED 19.07.2023 IN I.A NO. 1270/2023 IN S.A NO. 632/2022 ON THE FILE OF ERNAKULAM DRT II

Exhibit P7 TRUE COPY OF THE REVIEW PETITION FILED BY THE PETITIONER ON 31.07.2023 BEARING ID NO. 10543/2023 IN S.A NO. 632/2022 ON THE FILE OF DRT II.