Joy Paul vs South Indian Bank
2023 Latest Caselaw 9304 Ker

            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
                     OP (DRT) NO. 324 OF 2023
    IN IA 1808/2023 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONER/APPELLANT/APPLICANT:

          JOY PAUL
          AGED 55 YEARS
          S/O N.T.PAUL NADACKAL HOUSE ATHIRAMPUZHA KOTTAYAM,
          PIN - 686562

          BY ADVS.     C.S.MANU
                       DILU JOSEPH
                       C.A.ANUPAMAN
                       T.B.SIVAPRASAD
                       C.Y.VIJAY KUMAR
                       MANJU E.R.
                       ANANDHU SATHEESH
                       ALINT JOSEPH
                       PAUL JOSE


RESPONDENTS/RESPONDENTS/DEFENDANTS 1 & 2 AND FORMAL PARTY:

    1     SOUTH INDIAN BANK
          PANNACKAL BUILDINGS, CENTRAL JUNCTION, ATHIRAMPUZHA,
          KOTTAYAM, REPRESENTED BY ITS BRANCH MANAGER,
          PIN - 686562

    2     THE AUTHORIZED OFFICER & CHIEF MANAGER
          SOUTH INDIAN BANK LIMITED, PANNACKAL BUILDINGS,
          CENTRAL JUNCTION, ATHIRAMPUZHA, KOTTAYAM,
          PIN - 686562

    3     DEBT RECOVERY APPELLATE TRIBUNAL
          7TH FLOOR, ADDITIONAL OFFICE BUILDING,SHASTRI BHAVAN,
          HADDOWS ROAD, CHENNAI, PIN - 600006

OTHER PRESENT:

          SRI MOHAN JACOB GEORGE

      THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(DRT)No.324/2023

                                    -:2:-




                   Dated this the 25th day of August,2023

                            JUDGMENT

The original petition is filed, inter alia, to direct

the Debt Recovery Appellate Tribunal(Appellate

Tribunal) Chennai, to consider and dispose of Ext P9

appeal [AIR (SA)Diary No.1095/2023] and Ext 10

application for stay petition, expeditiously and until

such time, to direct the respondents 1 to 3 to defer

further recovery proceedings as against the secured

asset.

2. Pursuant to the order dated 17.08.2023

passed by this Court, the Appellate Tribunal, by

communication dated 24.08.2023 has informed this

Court that the petitioner has filed the above appeal

through the e-drt portal on 08.08.2023 along with an

application to stay coercive proceedings. The appeal

and the application have been scrutinised on O.P.(DRT)No.324/2023

23.08.2023 and the petitioner has given time for

compliance of the objections to the defects till

06.09.2023. The Appellate Tribunal, will consider and

dispose of the same as directed by this Court.

3. Heard; Sri. C.S. Manu, the learned counsel

appearing for the petitioner and Sri. Mohan Jacob

George, the learned standing counsel appearing for the

respondents 1 & 2.

4. Having considered the pleadings and

materials on record and after perusing the

communication of the Appellate Tribunal, in exercise of

the supervisory powers of this Court under Article 227

of the Constitution of India, I am inclined to order the

original petition.

Resultantly, I order the original petition as follows:

(i) The Debts Recovery Appellate Tribunal, Chennai, is directed to consider and dispose of the interlocutory applications filed in AIR O.P.(DRT)No.324/2023

(SA)Diary No.1095/2023, 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) It would be up to the respondents 1 & 2 to file their objections to the interlocutory applications in the meantime.

(iii) Until such time orders are passed on the stay petition, all further coercive proceedings as against the secured asset shall stand deferred.

Sd/-

                                           C.S.DIAS,JUDGE

DST/25.08.23                                                 //True copy//

                                                             P.A.To Judge
 O.P.(DRT)No.324/2023






                              APPENDIX

PETITIONER EXHIBITS
EXHIBIT P-1         TRUE COPY OF S.A NO. 269 OF 2023, EXCLUDING
                    THE DOCUMENTS FILED THEREIN

EXHIBIT P-2            TRUE COPY OF THE DEMAND NOTICE DATED 21-10-

2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P-3 TRUE COPY OF THE POSSESSION NOTICE DATED 8-

2-2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P-4 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM IN M.C NO. 139 OF 2023 EXHIBIT P-5 TRUE COPY OF THE I.A NO. 1808 OF 2023 IN S.A NO. 269 OF 2023 FILED BY THE PETITIONER BEFORE THE DRT-II, ERNAKULAM

EXHIBIT P-6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN I.A NO. 1808 OF 2023 IN SA NO.269 OF 2023 BEFORE THE DRT-II, ERNAKULAM

EXHIBIT P-7 CERTIFIED TRUE COPY OF THE ORDER DATED 21-

7-2023 IN I.A.NO. 1808 OF 2023 IN SA NO. 269 OF 2023 PASSED BY THE DRT-II ERNAKULAM

EXHIBIT P-8 TRUE COPY OF THE JUDGEMENT DATED 26-7-2023 IN OP(DRT) NO. 282 OF 2023 PASSED BY THIS HON'BLE COURT

EXHIBIT P-9 TRUE COPY OF THE APPEAL MEMORANDUM DATED 7-

8-2023 BEARING DIARY NUMBER AIR (SA) DIARY NO.1095 / 2023 EXCLUDING THE ANNEXURES THERETO FILED BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI BY THE PETITIONER

EXHIBIT P-10 TRUE COPY OF THE APPLICATION FOR STAY DATED 7-8-2023 BEARING DIARY NUMBER I.A DIARY NO.

1096/2023 IN AIR (SA) DIARY NO.1095 / 2023 O.P.(DRT)No.324/2023

FILED BY THE PETITIONER

RESPONDENT'S EXHIBITS: NIL