C.N. Hariharan vs Union Bank Of India
2023 Latest Caselaw 1245 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                     OP (DRT) NO. 19 OF 2023
 AGAINST THE ORDER/JUDGMENT SA 13/2022 OF DEBT RECOVERY TRIBUNAL,
                            ERNAKULAM
PETITIONER/APPLICANT:
           C.N. HARIHARAN
           AGED 65 YEARS, S/O NARAYANAN,
           CHAKKOMVELIL HOUSE, EZHUPUNNA VILLAGE,
           ERAMALLOOR P.O., CHERTHALA TALUK,
           ALAPPUZHA DISTRICT, PIN - 688537
           BY ADVS.
           V.N.SANKARJEE
           V.N.MADHUSUDANAN
           R.UDAYA JYOTHI
           M.M.VINOD
           M.SUSEELA
           KEERTHI B. CHANDRAN
           VIJAYAN PILLAI P.K.
           C.PURUSHOTHAMAN NAIR
           NITHEESH.M
           SUKANYA S.
RESPONDENTS:
     1     UNION BANK OF INDIA
           EZHUPUNNA BRANCH, SANJO BUILDING, EZHUPUNNA VILLAGE,
           ERAMALLOOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT,
           REPRESENTED BY ITS BRANCH MANAGER, PIN - 688537
     2     THE AUTHORISED OFFICER
           UNION BANK OF INDIA, SANJO BUILDING, ERAMALLOOR P.O.,
           CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688537
     3     ANOOPA C.H.
           AGED 26 YEARS, D/O C.N. HARIHARAN,
           ALBAHARI 2 BUILDING, FLAT NO. 303,
           ALQUASIS INDUSTRIAL AREA 3, AMMAN STREET, DUBAI


          ADV. A S P KURUP -STANDING COUNSEL
    THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(DRT)No.19 of 2023
                                        2


                             JUDGMENT

Dated this the 18th day of January, 2023

The petitioner has approached this Court apprehending

that the Advocate Commissioner appointed by the Chief

Judicial Magistrate Court, Alappuzha will take physical

possession of the secured asset pursuant to Ext.P5 notice,

before the stay application filed by the petitioner in S.A

No.13/2022 is considered by the Debts Recovery Tribunal

-II, Ernakulam. It is submitted that the stay petition filed by

the petitioner is presently listed for consideration on

16.02.2023.

2. The learned counsel appearing for the respondent

Bank pointed out that the petitioner had earlier approached

this Court and this Court had permitted the petitioner to

seek reliefs in the Securitisation Application and kept the

proceedings in abeyance, for some time to enable the

petitioner to seek appropriate interim reliefs from the

Tribunal. It is pointed out that the Commissioner proceeded

to issue notice, as no interim orders are obtained by the

petitioner from the Tribunal.

O.P(DRT)No.19 of 2023

Having heard the learned counsel for the petitioner and

the learned counsel appearing for the respondent bank, I am

of the opinion that, if the petitioner wants any interim

protection against the steps for taking physical possession,

it is for the petitioner to move and obtain appropriate orders

from the Tribunal in the pending Securitisation Application.

Though the petitioner had earlier approached this Court, the

proceedings were then at the stage of symbolic possession.

Therefore, in order to enable the petitioner to seek stay, it is

directed that the steps for taking physical possession shall

stand adjourned till 02.02.2023, to enable the petitioner to

seek appropriate reliefs from the Tribunal. I make it clear

that I have not expressed any opinion on the merits of the

matter and no further extension of time will be granted to

the petitioner under any circumstances.

Sd/-

GOPINATH P.

JUDGE AP O.P(DRT)No.19 of 2023

APPENDIX OF OP (DRT) 19/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF S.A. NO. 13/2022 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM WITH ANNEXURES Exhibit P2 TRUE COPY OF I.A. NO. 26 OF 2022 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL ERNAKULAM-II ExhibitP3 TRUE COPY OF THE JUDGMENT DATED 24.5.2022 IN O.P.(DRT) NO. 8 OF 2022 OF THIS HONOURABLE COURT ExhibitP4 TRUE COPY OF THE WRITTEN STATEMENT DATED 16.11.2022 FILED BY THE RESPONDENT BANK IN S.A. NO. 13/2022 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL ERNAKULAM-II Exhibit P5 TRUE COPY OF THE NOTICE DATED 3.1.2023 ISSUED BY THE ADVOCATE COMMISSION IN M.C. NO. 719/2022 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA Exhibit P6 TRUE COPY OF THE APPLICATION DATED 13.1.2023 IN S.A. NO. 13 OF 2022 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL ERNAKULAM-II RESPONDENTS' EXHIBITS : NIL