Ashok.G vs State Bank Of India
2023 Latest Caselaw 2198 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
                        OP (DRT) NO. 61 OF 2023
 (FILING ID No.2021 OF 2023 (DIARY No.161 OF 2023) DEBT RECOVERY
                         TRIBUNAL, ERNAKULAM)
PETITIONER/APPLICANT:

          ASHOK.G
          AGED 60 YEARS
          S/o.GOPALAKRISHNAN NADAR,
          1C, FIRST FLOOR, LEO PARADISE, P.T.USHA ROAD, CALICUT
          BEACH, KOZHIKODE, KERALA, PIN - 673005

          BY ADVS.
          R.SUDHISH
          M.MANJU
          MITHUN P.
          MERIN THOMAS



RESPONDENTS/DEFENDANTS No.2,1 AND 3 TO 6:

    1     STATE BANK OF INDIA
          KOLAR ROAD BRANCH [40081], BANGARPET- 563114, KARNATAKA
          STATE, REPRESENTED BY BRANCH MANAGER

    2     THE AUTHORISED OFFICER/CHIEF MANAGER
          STATE BANK OF INDIA, KOLAR ROAD BRANCH [40081],
          BANGARPET- 563114, KARNATAKA STATE

    3     M/S SHRI LAKSHMI AGRO FOODS
          45A & B, 2ND CROSS, KIADB INDUSTRIAL AREA,
          DASARAHOSAHALLI, BANGARPET- 563114, KARNATAKA STATE.
          REPRESENTED BY PARTNER K.AMRUTHAVALLI

    4     K. AMRUTHAVALLI
          W/O KARNAN.V.R.N, 136/137, G.A.ROAD, OLD WASHERMENPET,
          CHENNAI- 600021, TAMIL NADU STATE

    5     K.NATARAJAN
          S/O KARNAN.V.R.N, 136/137, G.A.ROAD, OLD WASHERMENPET,
          CHENNAI- 600021, TAMIL NADU STATE
 OP (DRT) NO. 61 OF 2023        2



    6     H.THULAJA BAVANI
          D/O KARNAN.V.R.N, 136/137, G.A.ROAD, OLD
          WASHERMENPET, CHENNAI- 600021, TAMIL NADU STATE

          SRI. JAYESH MOHAN KUMAR, SC.




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 OP (DRT) NO. 61 OF 2023                3




                             T.R. RAVI, J.
              --------------------------------------------
                       O.P.(DRT).No.61 of 2023
               --------------------------------------------
              Dated this the 10th day of February, 2023


                               JUDGMENT

Admit. Standing Counsel takes notice for respondents 1 and 2.

In the nature of the order that is proposed to be issued, notice to

respondents 3 to 6 is dispensed with.

2. The writ petition has been filed challenging the further

proceedings pursuant to the notice issued by the Advocate

Commissioner for taking physical possession of the property. When

the case is taken up, the Standing Counsel for the respondent Bank

submitted that the possession has already been taken by the

Advocate Commissioner and the property is sealed. The Counsel for

the petitioner expressed serious doubt about the above submission.

After taking time to ascertain from the Advocate Commissioner and

the Village Assistant who are at the site, it is now reported that the

property has been locked and sealed. In such circumstances, it will

not be appropriate for this Court to make any observation or to pass

any orders in this Writ petition.

The writ petition is hence closed without prejudice to the rights

of the petitioner regarding further remedies.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF OP (DRT) 61/2023

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 27.01.2023

Exhibit P2 COPY OF THE RELEVANT PAGES OF SECURITISATION APPLICATION WITH DIARY NO. 161 OF 2023 (ID NO. 2021 OF 2023) FILED BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM DATED 9.2.2023

Exhibit P3 COPY OF THE INTERLOCUTORY APPLICATION FOR STAY FILED BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM DATED 9.2.2023