Kerala High Court
Tessy Tom vs Icici Bank Limited on 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
WP(C) NO. 27208 OF 2023
PETITIONER:
1 TESSY TOM
AGED 58 YEARS
WIFE OF LATE SRI. THOMAS, MAROOR HOUSE, PULIKKALLU
P.O., ALAPRA KARA, MANIMALA VILLAGE, KANJIRAPPALLY
TALUK, KANJIRAPPALLY, KOTTAYAM DISTRICT, KERALA, PIN -
686544, REPRESENTED BY POWER OF ATTORNEY HOLDER MR.
ANIL THOMAS, AGED 54 YEARS, SON OF SRI. THOMAS,
KULANGARA HOUSE, IDINJILLAM BHAGOM, PERUNTHURUTHY KARA,
KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA
DISTRICT, KERALA,, PIN - 686548
2 TINU TOM
AGED 34 YEARS
DAUGHTER OF LATE SRI. THOMAS PATHADAN HOUSE, AYYAMPUZHA
P.O., AMALAPURAM KARA, AYYAMPUZHA VILLAGE, ALUVA TALUK,
HAVING PERMANENT ADDRESS AT MAROOR HOUSE, PULIKKALLU
P.O., ALAPRA KARA, MANIMALA VILLAGE, KANJIRAPPALLY
TALUK, KOTTAYAM DISTRICT, KERALA, PIN - 686544
REPRESENTED BY POWER OF ATTORNEY HOLDER MR. ANIL
THOMAS, AGED 54 YEARS, SON OF SRI. THOMAS, KULANGARA
HOUSE, IDINJILLAM BHAGOM, PERUNTHURUTHY KARA,
KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA
DISTRICT, KERALA,, PIN - 686548
BY ADVS.
LUKE J CHIRAYIL
AMAL JOSE
RESPONDENTS:
1 ICICI BANK LIMITED
CSI ASCENSION SQUARE COLLECTORATE - RAILWAY STATION
ROAD KOTTAYAM, KERALA REPRESENTED BY ITS AUTHORIZED
OFFICER & CHIEF MANAGER (LAW) ASSET RECOVERY BRANCH,
PIN - 686002
2 THE MANAGER
ICICI BANK LIMITED 2ND FLOOR, PUSHPAMANGALAM ESTATE
NEAR BHIMA JEWELLERY N.H. BYEPASS, EDAPPALLY P.O.
WP(C) NO.27208 OF 2023
2
COCHIN, ERNAKULAM DISTRICT KERALA,, PIN - 682024
3 TONY TOM
AGED 37 YEARS
SON OF LATE SRI. THOMAS, MAROOR HOUSE AYYAMPUZHA
P.O, AMALAPURAM KARA, MANIMALA
VILLAGE,KANJIRAPALLY TALUK NOW RESIDING AT MAROOR
HOUSE, MAGMITH VFX STUDIO, MEDICAL CENTER ROAD,
ERNAKULAM, PIN - 682028
OTHER PRESENT:
SRI PRADEESH CHACKO
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.27208 OF 2023
3
Dated this the 25th day of August, 2023
JUDGMENT
The writ petition is filed, inter alia, to direct the
respondents to defer further recovery proceedings
pursuant to the order in M.C. No.553/2022 of the Court
of the Chief Judicial Magistrate, Kottayam, for a period
of one week.
2. The petitioners' case is that, aggrieved by the
proceedings initiated by the respondents under the
SARFAESI Act, the petitioners have preferred S.A
No.433/2023 before the Debt Recovery Tribunal-II,
Ernakulam. Along with the S.A, the petitioners have
filed I.A. No.2693/2023, to stay the recovery
proceedings. The petitioners are apprehensive that
during the pendency of the above proceedings, the
respondents may take physical possession of the secured
asset. Hence, the writ petition.
WP(C) NO.27208 OF 2023
3. When the writ petition came up for consideration
on 16.8.2023, this Court had called for a report from the
Tribunal to ascertain the status of S.A. No.433/2023.
4. The Tribunal, by communication dated 24.8.2023,
has informed this Court that S.A. No.433/2023 has been
filed along with I.A. No.2693/2023. The Tribunal would
dispose of the application within one month from the
date the respondents file their counter affidavit.
5. Heard; Sri.Luke J.Chirayil, the learned counsel
appearing for the petitioners and Sri. Pradeesh Chacko,
the learned counsel appearing for the respondents 1 and
2. In view of the limited relief that I propose to pass, I
dispense with notice to the 3rd respondent.
6. Having considered the pleadings and materials
on record, and taking note of the fact that I.A.
No.2693/2023 is pending consideration before the
Tribunal in S.A. No.433/2023, I deem it appropriate to
direct the Tribunal to consider and dispose of
WP(C) NO.27208 OF 2023
I.A.No.2693/2023, immediately.
Resultantly, I order the writ petition as follows:-
(i) The Debt Recovery Tribunal -II, Ernakulam is
directed to consider and dispose of I.A.No.2693/2023, in
accordance with law and as expeditiously as possible, at
any rate, within a period of one month from the date of
receipt of a certified copy of the judgment, after
affording the parteis an opportunity of being heard.
(ii) The respondents 1 and 2 would be at liberty to
file their counter affidavit to I.A.No.2693/2023 before
the consideration of the application.
(iii) The respondents 1 and 2 are directed to defer
further recovery proceedings as against the secured
asset till the disposal of I.A.No.2693/2023 in S.A.
No.433/2023.
SD/-
C.S.DIAS, JUDGE
rmm25/8/2023
WP(C) NO.27208 OF 2023
APPENDIX OF WP(C) 27208/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE UN-NUMBERED
SECURITISATION APPLICATION DATED
14.08.2023 (WITHOUT ANNEXURES) HAVING
DIARY NUMBER: 1090/2023 ON THE FILES OF
THE HON'BLE DRT-II, ERNAKULAM
Exhibit P2 TRUE COPY OF THE UN-NUMBERED I.A. DATED
14.08.2023 IN UN-NUMBERED S.A. HAVING
DIARY NUMBER: 1090/2023 ON THE FILES OF
THE HON'BLE DRT-II, ERNAKULAM
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED
23.03.2022 IN O.S. NO. 46 OF 2019 ON THE
FILES OF THE COURT OF THE SUB JUDGE,
PALA
Exhibit P4 TRUE COPY OF THE REQUEST LETTER DATED
15.06.2022 ISSUED BY TESSY TOM TO THE
2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT DATED
15.06.2022 HAVING ARTICLE NUMBER
RL509590127IN HAVING SENDER NAME AS
TESSY TOM
Exhibit P6 TRUE COPY OF THE UNDATED ACKNOWLEDGMENT
DUE CARD EVIDENCING THE RECEIPT OF EXT.
P4 BY THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE LEGAL NOTICE DATED
03.11.2022 ISSUED BY ADV. AVINASH
KRISHNAKUMAR IN PURSUANCE TO M.C. NO.
553 OF 2022 ON THE FILES OF THE
HONOURABLE CHIEF JUDICIAL MAGISTRATE
COURT, KOTTAYAM
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
21.11.2022 IN W.P. (C) NO. 36783/2022 ON
THE FILES OF THE HON'BLE HIGH COURT OF
WP(C) NO.27208 OF 2023
KERALA
Exhibit P9 TRUE COPY OF THE CASE STATUS IN M.C. NO.
553 OF 2022, ON THE FILES OF THE
HONORABLE CHIEF JUDICIAL MAGISTRATE
COURT, KOTTAYAM
Exhibit P10 TRUE COPY OF THE PETITION DATED
17.08.2022 NUMBERED AS M.C. NO. 553/2022
(WITHOUT EXHIBITS) , ON THE FILES OF THE
HONORABLE CHIEF JUDICIAL MAGISTRATE
COURT, KOTTAYAM
Exhibit P11 TRUE COPY OF THE NOTICE DATED 09.08.2023
ISSUED BY ADV. AVINASH KRISHNAKUMAR IN
FAVOR OF THE PETITIONERS HEREIN
Exhibit P12 TRUE COPY OF THE ORDER DATED 27.07.2023
IN W.P. (C) NO. 24748 OF 2023 (FILING
NO.) ON THE FILES OF THE HON'BLE HIGH
COURT OF KERALA
