Nazir Abdul Vaheed vs State Bank Of India Sbi
2023 Latest Caselaw 1013 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       OP (DRT) NO. 148 OF 2021
AGAINST THE ORDER JUDGMENT SA 215/2020 OF DEBT RECOVERY TRIBUNAL,
                              ERNAKULAM
PETITIONER:

          NAZIR ABDUL VAHEED
          AGED 53 YEARS
          S/O ABDUL VAHEED,
          ARIVALAAM HOUSE, PARAYI, EDAVA P.O, VARKALA,
          THIRUVANANTHAPURAM-695311.

          BY ADV P.SHRIHARI


RESPONDENTS:

    1     STATE BANK OF INDIA SBI
          VARKALA BRANCH, OLD MAN ROAD, VARKALA,
          THIRUVANANTHAPURAM-695141, REPRESENTED BY ITS BRANCH
          MANAGER.

    2     THE AUTHORIZED OFFICER
          STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH,
          LMS COMPOUND, NEAR MUSEUM WEST GATE, VIKAS BHAVAN P.O,
          THIRUVANANTHAPURAM-695033.

          BY ADV TOM K.THOMAS




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (Drt) No.148/2021                      -2-

                                  JUDGMENT

The learned counsel appearing for the petitioner submits that this original

petition may be closed permitting the petitioner to agitate his grievances in the

pending securitization application.

This original petition is closed, leaving it open to the petitioner to agitate his

grievances in the pending securitization application.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF OP (DRT) 148/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF LOAN SANCTION LETTER DATED 13.03.2013 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF MEMORANDUM OF TERM LOAN AGREEMENT DATED 30.03.2013 EXECUTED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF SALE DEED NO.462/2001 OF VARKALA SRO.

Exhibit P4 TRUE COPY OF SALE DEED NO.2525/2007 OF VARKALA SRO.

Exhibit P5 TRUE COPY OF SECTION 13(4) NOTICE DATED 24.06.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF S A NO.215/2020 (WITHOUT ANNEXURES) ON THE FILE OF DRT-2, ERNAKULAM.

Exhibit P7 TRUE COPY OF WRITTEN STATEMENT WITH ANNEXURES IN S.A.NO.215/2020 ON THE FILE OF DRT-2, ERNAKULAM.

Exhibit P8 TRUE COPY OF FINAL ORDER DATED 15.10.2020 IN EXHIBIT

-P6 S.A. NO.215/2020.

Exhibit P9 TRUE COPY OF POSSESSION NOTICE DATED 30.01.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF COMMISSION WARRANT DATED 03.09.2020 ISSUED BY THE C.J.M. COURT, THIRUVANANTHAPURAM RECEIVED ALONG WITH ADV.COMMISSIONER NOTICE DATED 13.09.2021.

Exhibit P11 TRUE COPY OF ORDER DATED 03.09.2020 IN MC NO.608/2020.

Exhibit P12 TRUE COPY OF ADVOCATE COMMISSIONER NOTICE DATED 13.09.2021.

Exhibit P13 TRUE COPY OF JUDGMENT DATED 20.09.2021 IN WPC NO.19462/2021 PASSED BY THIS HONBLE COURT.

Exhibit P14 TRUE COPY OF SECTION 14 APPLICATION NUMBERED AS M.C.

NO.608/2020 ON THE FILE OF CJM COURT, THIRUVANANTHAPURAM.

Exhibit P15 TRUE COPY OF SECURITISATION APPLICATION (ID NO.7921 DATED 01/10/2021) UNDER SECTION 17 OF THE SARFAESI ACT FILED BY THE PETITIONER ON 01.10.2021 BEFORE DRT-2, ERNAKULAM.

Exhibit P16 TRUE COPY OF STAY PETITION (ID NO.7923 DATED 01.10.2021) IN SA BEFORE DRT-2, ERNAKLULAM.

Exhibit P17 TRUE COPY OF EARLY HEARING PETITION (ID NO.7924 DATED 01/10/2021) IN SA BEFORE DRT -2, ERNAKULAM.