Sasikala O.K vs The Union Bank Of India
2023 Latest Caselaw 9305 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. 322 OF 2023
IN I.A. NO.2538/2023    IN SA 405/2023 OF DEBT RECOVERY TRIBUNAL- 2,
                                 ERNAKULAM
PETITIONER/APPLICANT:

            SASIKALA O.K
            AGED 55 YEARS
            W/O K. K. MADHU, PUTHUVALIL HOUSE, ENADI P.O., CHEMBU
            VILLAGE, VAIKOM TALUK KOTTAYAM, PIN - 686608

            BY ADVS.
            K.RANA DEEP
            SHEEBA G
            SARATH KRISHNAN T.


RESPONDENTS/RESPONDENTS:

    1       THE UNION BANK OF INDIA
            P. B. NO. 277, SHASTRI ROAD, KOTTAYAM- REPRESENTED
            THROUGH ITS AUTHORIZED OFFICER, PIN - 686001

    2       THE BRANCH MANAGER
            THE UNION BANK OF INDIA, P. B. NO. 277, SHASTRI ROAD,
            KOTTAYAM, PIN - 686001

    3       THE AUTHORIZED OFFICER
            THE UNION BANK OF INDIA, P. B. NO. 277, SHASTRI ROAD,
            KOTTAYAM, PIN - 686001

    4       ADV KEVIN ALEX VARGHESE
            ADVOCATE COMMISSIONER, WEST OF POLICE PARADE GROUND,
            BEHIND COLLECTORATE, KOTTAYAM, PIN - 686002


OTHER PRESENT:

            SRI A S P KURUP


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT) NO. 322 OF 2023
                                2




             Dated this the 25th day of August, 2023

                          JUDGMENT

The original petition is filed, inter alia, to direct

the Debt Recovery Tribunal-II, Ernakulam to consider

and dispose of I.A. No.2538/2023 in S.A No.405/2023,

expeditiously.

2. Pursuant to the order dated 16.8.2023 passed

by this Court, the Tribunal by communication dated

18.8.2023, has informed this Court that I.A.

No.2538/2023 stands posted to 8.9.2023. The Tribunal

requires one month's time to dispose of the application.

3. Heard; Sri. Ranadeep K, the learned counsel

appearing for the petitioner and Sri. A.S.P.Kurup, the

learned counsel appearing for the respondents 1 to 3.

Notice to the fourth respondent is dispensed with.

4. Having considered the pleadings and materials

on record and after perusing the communication of the OP(DRT) NO. 322 OF 2023

Tribunal, I deem it appropriate to dispose of the original

peitition.

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:-

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

directed to consider and dispose of the I.A.

No.2538/2023 in S.A. No.405/2023, 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

parties an opportunity of being heard.

(ii) Until such time orders are passed on the above

application, the respondents 1 to 3 are directed to defer

recovery proceedings as against the secured asset.

Sd/-

C.S.DIAS, JUDGE

rmm25/82023 OP(DRT) NO. 322 OF 2023

APPENDIX OF OP (DRT) 322/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE M.C. NO. 80 OF 2022 BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM

Exhibit P2 A TRUE PHOTOCOPY OF THE JUDGMENT IN W.

P. (C). NO. 17504 OF 2022 DATED 01.06.2022

Exhibit P3 A TRUE PHOTOCOPY OF THE SECURITISATION APPLICATION IN S.A. NO. 405 OF 2023 BEFORE THE HON'BLE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM

Exhibit P4 A TRUE PHOTOCOPY OF THE I.A. NO. 2538 OF 2023 IN S.A. NO. 405 OF 2023

Exhibit P5 A TRUE PHOTOCOPY OF THE I.A. NO. 2614 OF 2023 IN S.A. NO. 405 OF 2023

Exhibit P6 A TRUE PHOTOCOPY OF THE ADVANCE APPLICATION IN I.A. NO. 2613 OF 2023