Dr. Esther Mattakkal Jose vs The South Indian Bankrepresented ...
2023 Latest Caselaw 226 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                   THE HONOURABLE MR. JUSTICE GOPINATH P.

          FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944

                          OP (DRT) NO. 509 OF 2022

   FROM ORDER DATED 02/12/2022 IN S.A. NO. OF 2022(UNREGISTERED) IN DAIRY

            NO.1682022, DEBTS RECOVERY TRIBUNAL-II AT ERNAKULAM

PETITIONER/APPELLANT:

     1      DR. ESTHER MATTAKKAL JOSE
            AGED 32 YEARS
            W/O VISHNU JOSHY,
            MATTAKKAL HOUSE, ANNAMANADA P.O,
            MALA, EDAYATTOR, THRISSUR, PIN - 680741
            BY ADV SHRI.B.RAMACHANDRAN, CGC

RESPONDENT/DEFENDANT:

     1      THE SOUTH INDIAN BANK
            REPRESENTED BY ITS BRANCH MANAGER.
            OLLUR BRANCH, OLLUR P.O, THRISSUR, PIN - 680306
            ADV. SUNIL SHANKAR, STANDING COUNSEL

     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON

06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT) No.509 of 2022
                                        2




                            JUDGMENT

Dated this the 06th day of January, 2023

The petitioner has approached this Court being

aggrieved by the fact that the Securitisation

Application filed by the petitioner before the Debts

Recovery Tribunal has not been numbered and taken

up for consideration on the ground that the it is

barred by limitation.

2. When the matter is taken up for consideration

today, it is submission of the learned counsel for the

petitioner that the issue is covered in favour of the

petitioner by the judgment of this Court in O.P.(DRT)

No.393/2022 where this Court found that on each day

after the issuance of notice by the Advocate

Commissioner, the petitioner has a cause of action to

move the Tribunal.

3. Heard the learned counsel appearing for the

respondent bank also.

OP(DRT) No.509 of 2022

Having regard to the above and considering the

judgment of this Court in O.P.(DRT) No.393/2022,

this original petition is disposed of directing that

Ext.P9 Securitisation Application filed by the

petitioner shall be numbered and taken up for

consideration on merits if it is filed within time going

by the finding of this Court in O.P.(DRT) No.393/2022.

To enable the petitioner to seek interim relief from the

Tribunal, it is directed that further proceedings under

the SARFAESI Act shall remain suspended till

25.01.2023.

Sd/-

GOPINATH P.

JUDGE SKP/06-01 OP(DRT) No.509 of 2022

APPENDIX OF OP (DRT) 509/2022

PETITIONER'S EXHIBITS:

EXHIBIT1 TRUE COPY OF POSSESSION NOTICE DATED 17/11/2021 OF THE RESPONDENT EXHIBIT P-2 TRUE COPY OF JUDGMENT DATED 26/11/2021 IN W.P(C) NO.

26658 OF 2021 EXHIBIT P-3 TRUE COPY OF NOTICE DATED 11/08/2022 ISSUED BY THE RESPONDENT I EXHIBIT P-4 TRUE COPY OF JUDGMENT IN W.P(C) NO. 27545 OF 2022 DATED 25/08/2022.

EXHIBIT P-5 TRUE COPY OF NOTICE DATED 19/08/2022 ISSUED BY ADVOCATE COMMISSIONER EXHIBIT P-6 TRUE COPY OF CRL.M.P NO.2695 OF 2022 FILED BY THE RESPONDENT BEFORE THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR DATED 07/07/2022 EXHIBIT P-7 TRUE COPY OF AFFIDAVIT FILED BY THE RESPONDENT BEFORE THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR DATED 07/07/2022 SWORN BY THE BANK MANAGER OF THE RESPONDENT EXHIBIT P-8 TRUE COPY OF ORDER IN CRL.M.P NO.2695 OF 2022 OF THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR DATED 11/07/2022 EXHIBIT P-9 TRUE COPY OF SECURITISATION APPLICATION FILED BY THE PETITIONER BEFORE THE HONOURABLE DEBTS RECOVERY TRIBUNAL-II,ERNAKULAM DATED 11/11/2022 EXHIBIT P-10 TRUE COPY OF ORDER DATED 02/12/2022 OF REGISTRAR OF DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM EXHIBIT P-11 TRUE COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 14/12/2022 EXHIBIT P-12 TRUE COPY OF APPEAL NO.13/2022 FILED BY THE PETITIONER BEFORE THE HONOURABLE PRESIDING OFFICER, DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM DATED 09/12/2022 EXHIBIT P-13 TRUE COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE HONOURABLE PRESIDING OFFICER, DEBTS RECOVERY TRIBUNAL-II AT ERNAKULAM DATED 11/11/2022 EXHIBIT P-14 TRUE COPY OF NOTICE DATED 14/12/2022 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER. EXHIBIT P-15 A TRUE COPY OF RECEIPT DATED 30/ 12 /2022. EXHIBIT P-16 A TRUE COPY OF STATEMENT OF ACCOUNTS DATED 30/12/2022.

RESPONDENTS' EXHIBITS:NIL TRUE COPY

P.A. TO JUDGE