Sudha vs The Authorised Officer
2023 Latest Caselaw 2017 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                        OP (DRT) NO. 45 OF 2023
  AGAINST THE ORDER/JUDGMENT IN SA.No.384/2022 OF DEBT RECOVERY
                        TRIBUNAL-II, ERNAKULAM
PETITIONER/APPLICANT:

            SUDHA
            AGED 52 YEARS
            W/o.LATE RAJAN,
            PERUMBILLISSERY HOUSE,
            CHEVOOR VILLAGE, THRISSUR, PIN - 680027

            BY ADVS.
            ZAKEER HUSSAIN
            K.A.SANJEETHA



RESPONDENTS/DEFENDANTS:

    1       THE AUTHORISED OFFICER,
            HDB FINANCIAL SERVICES LTD, 2ND FLOOR, DOOR NO.37/1912-
            J, CHAITHANYA BUILDINGS, OPP SWAPNIL APARTMENTS,
            KALOOR-KADAVANTHARA ROAD, KADAVANTHRA, KOCHI- 682017

    2       HDB FINANCIAL SERVICES
            BRANCH OFFICE, 14/488/26, 2ND FLOOR SUNCITY,
            KOORKENCHERRY, THRISSUR - 680007.
            REPRESENTED BY ITS BRANCH MANAGER.,

    3       CHANDRAN
            AGED 53 YEARS
            S/O.MUNDATH PARAMBIL KUNJIKUTTAN, PERUMBILLISSERY
            DESOM, CHEVOOR VILLAGE, THRISSUR - 682027

    4       JAGATHALI SIVAJI ANIL SAIT
            AGED 47 YEARS
            S/O.JAGADALE SIVAJI, V 481, JAGATHALA HOUSE, GROUND
            ROAD, CHERUPPU POST, THRISSUR- 680561

            SRI. PAULOCHAN ANTONY, SC
 OP (DRT) NO. 45 OF 2023       2

     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 OP (DRT) NO. 45 OF 2023             3


                            T.R. RAVI, J.
             --------------------------------------------
                      O.P(DRT).No.45 of 2023
              --------------------------------------------
              Dated this the 3rd day of February, 2023


                             JUDGMENT

The petitioner is aggrieved by the non consideration of Ext.P2

application and Ext.P7 stay petition filed before the Debts Recovery

Tribunal II, Ernakulam. The Standing Counsel for the respondents

submits that the applications are pending.

In such circumstances, this writ petition is disposed of directing

the Debts Recovery Tribunal II or the Tribunal having charge of Debts

Recovery Tribunal II to consider and pass orders on Exts.P2 and P7 at

the earliest, at any rate, within a period of one month from the date

of receipt of a copy of this judgment. The coercive steps initiated

shall be kept in abeyance till disposal of the applications as directed

above.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF OP (DRT) 45/2023

PETITIONER EXHIBITS

Exhibit.P1 TRUE COPY OF THE POSSESSION NOTICE DATED 07/07/2022 ISSUED BY THE AUTHORISED OFFICER, HDB FINANCIAL SERVICES LTD.

Exhibit.P2 TRUE COPY OF S.A.NO.384 OF 2022 BEFORE THE DRT- II, ERNAKULAM FILED BY THE PETITIONER.

Exhibit.P3 TRUE COPY OF THE NOTICE DATED 04/01/2023 ISSUED BY THE ADVOCATE COMMISSIONER.

Exhibit.P4 TRUE COPY OF THE MC NO.774/2022 FILED BY THE 1ST RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR.

Exhibit.P5 TRUE COPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT IN MC NO.774/2022 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR.

Exhibit.P6 TRUE COPY OF THE ADVANCE PETITION I.A.NO.137/2023 IN S.A.NO.384/2022 BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.

Exhibit.P7 TRUE COPY OF THE STAY PETITION I.A.NO.135/2023 IN S.A.NO.384/2022 BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.