Manesh Chandran C vs Hdb Financial Services Ltd
2023 Latest Caselaw 9306 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. 297 OF 2023
 IN APPEAL NO.3/2023 OF THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
PETITIONER/APPLICANT:

            MANESH CHANDRAN C
            AGED 40 YEARS
            SON OF CHANDRAN,CHANASSERY HOUSE, VALLIVATTOM P.O.
            THRISSUR DISTRICT., PIN - 680123

            BY ADVS.
            S.VINOD BHAT
            ANAGHA LAKSHMY RAMAN
            GREESHMA CHANDRIKA.R



RESPONDENTS/DEFENDANTS:

    1       HDB FINANCIAL SERVICES LTD
            14/488/26, 2ND FLOOR SUNCITY, KOORKENCHERRY, THRISSUR-
            REPRESENTED BY AUTHORISED OFFICER., PIN - 680007

    2       AUTHORISED OFFICER
            HDB FINANCIAL SERVICES LTD., 14/488/26, 2ND FLOOR
            SUNCITY, KOORKENCHERRY, THRISSUR., PIN - 680007

    3       THE REGISTRAR
            DEBTS RECOVERY TRIBUNAL-2, KSHB OFFICE COMPLEX,
            PANAMPILLY NAGAR, ERNAKULAM., PIN - 682036

            BY ADV P.PAULOCHAN ANTONY




     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. 297 OF 2023
                                2




            Dated this the 25th day of August, 2023

                          JUDGMENT

The original petition is filed to set aside Ext.P6

order passed by the Debt Recovery Tribunal-II,

Ernakulam in Appeal No.3/2023.

2. The petitioner's case is that, aggrieved by the

recovery proceedings initiated by the respondents 1 and

2, the petitioner has filed S.A No.3/2023 before the

Tribunal. The Tribunal, by Ext.P6 order, has dismissed

the S.A. The petitioner has now preferred an appeal

before the Debt Recovery Appellate Tribunal as AIR (SA)

No.1148/2023. Along with the said appeal, the

petitioner has also filed applications to stay the recovery

proceedings and waive the statutory deposit. The

petitioner prays that the Appellate Tribunal may be

directed to consider and dispose of the interlocutory OP(DRT) NO. 297 OF 2023

applications filed in the appeal, expeditiously and until

such time to direct the respondents 1 and 2 to defer

further recovery proceedings. Hence, the original

petition.

3. Heard; Sri. S.Vinod Bhat, the learned counsel

appearing for the petitioner and Sri. Paulochan Antony

the learned counsel appearing for the respondents 1 and

2. Notice to the third respondent is dispensed with.

4. Pursuant to the order dated 18.8.2023 passed by

this Court, the Appellate Tribunal by communication

dated 24.8.2023, has informed this Court that the

petitioner has filed AIR (SA) No.1148/2023 through e-

portal along with two interlocutory applications bearing

Nos.1162/2023 and 1163/2023 on 17.8.2023. The

petitioner is yet to produce the physical copies of the

above appeal and the interlocutory applications. The

Appellate Tribunal would consider and dispose of the

applications as directed by this Court. OP(DRT) NO. 297 OF 2023

5. Having considered the pleadings and materials

on record and taking note of the fact the petitioner has

already preferred an appeal before the Appellate

Tribunal, I deem it appropriate to direct the Appellate

Tribunal to consider and dispose of the stay petition and

the waiver petition, immediately.

Resultantly, I order the original petition as follows:-

(i) The Appellate Tribunal is directed to consider

and dispose of the stay petition, the waiver petition and

the other interlocutory applications filed in AIR (SA)

No.1148/2023, 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 the judgment, after affording the parties an

opportunity of being heard.

(ii) The petitioner shall file the physical copies of OP(DRT) NO. 297 OF 2023

the appeal as well as the applications before the

Appellate Tribunal after serving a copy of the same on

the respondents 1 and 2.

(iii) The respondents 1 and 2 shall file their counter

affidavit to the appeal and the applications within two

weeks from the date of receipt of a copy of the same.

(iv) The respondents 1 and 2 are directed to defer

further recovery proceedings as against the secured

asset until such time a decision is taken on the

interlocutory applications.

SD/-

C.S.DIAS, JUDGE

rmm25/82023 OP(DRT) NO. 297 OF 2023

APPENDIX OF OP (DRT) 297/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 19-

12-2022 IN W.P.(C) 28639/2022 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P2 A TRUE COPY OF THE NOTICE DATED 30-09-

2022 ISSUED BY THE ADVOCATE COMMISSIONER.

Exhibit P3 THE TRUE COPY OF THE ORDER DATED 09-01-

2023 IN DIARY NO.4/2023 IN THE REGISTRY OF THE TRIBUNAL.

Exhibit P4 THE TRUE COPY OF THE APPEAL MEMORANDUM DATED 23-01-2023 (WITHOUT DOCUMENTS) ON THE FILES OF TRIBUNAL.

Exhibit P5 A TRUE COPY OF THE SECTION 14 PETITION DATED 24-04-2023 IN APPEAL 3/2023 ON THE FILES OF THE TRIBUNAL.

Exhibit P6 THE TRUE COPY OF THE ORDER DATED 30-06-

2023 IN APPEAL NO.3/2023 ON THE FILES OF THE TRIBUNAL