Kerala High Court
Gireesh G vs Punjab National Bank Represented ... on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
OP (DRT) NO. 492 OF 2022
AGAINST THE PROCEEDINGS IN S.A.NO.158/2022 OF THE DEBT RECOVERY
TRIBUNAL, ERNAKULAM
PETITIONERS/APPLICANTS:
1 GIREESH G,
AGED 55 YEARS
PROPRIETOR, M/S KARIKATTAZHIKOM MARBLES,
A P-XIII, MAIN ROAD, KOTTIYAM,
KOLLAM DISTRICT - 691 571.
2 GIREESH G,
AGED 55 YEARS,
S/O. GANGADHARAN, KARIKATTAZHIKOM, NEAR GURUMANDIRAM,
PULLICHIRA ROAD, KOTTIYAM, KOLLAM DISTRICT - 691 571.
3 PREETHA GIREESH,
AGED 50 YEARS,
W/O. GIREESH, KARIKATTAZHIKOM,
NEAR GURUMANDIRAM, PULLICHIRA ROAD, KOTTIYAM,
KOLLAM DISTRICT - 691571.
BY ADVS.
V.K.PEERMOHAMED KHAN
GIRISH KUMAR V.C
RESPONDENTS/DEFENDANTS:
1 PUNJAB NATIONAL BANK REPRESENTED BY ITS BRANCH MANAGER
REPRESENTED BY ITS BRANCH MANAGER, OS ROAD, KOLLAM
BRANCH, KOLLAM - 691 001.
2 THE AUTHORISED OFFICER, PUNJAB NATIONAL BANK,
CIRCLE SASTRA CENTRE, VAISHNAVI TOWER, KUMARICHANDA,
AMBALATHARA P.O, THIRUVANANTHAPURAM - 695 026.
BY ADVS.
SANTHEEP ANKARATH
C.AJITH KUMAR
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 492 OF 2022
2
JUDGMENT
In this Original Petition filed under Article 227 of the
Constitution of India, the petitioners have called into question
Ext.P6 interim order of the Tribunal on I.A.Nos.2911/2022 and
2913/2022 in S.A.No.158/2022. The Tribunal had, by the impugned
order held that there was no reason to grant any interim
protection to the petitioners.
2. When this matter came up for consideration on
20.12.2022, though this Court was not inclined to interfere with
Ext.P6 order, as there were no grounds available under Article 227
of the Constitution of India to interfere with the order. However,
considering the submission of the learned counsel for the
petitioners that the petitioners will make a substantial deposit
towards the loan liability, it was directed that the steps for taking
physical possession of the secured asset shall stand adjourned till
today on condition that an amount of Rs.1.50 Crores is paid
towards the loan liability on or before today.
3. When this matter is taken up for consideration today,
the petitioner has filed an application for extension of time to
comply with the condition to pay a sum of Rs.1.50 Crores. The
OP (DRT) NO. 492 OF 2022
time sought for is a period of one month from today.
4. As already noticed above, there are no grounds
available to the petitioners to challenge Ext.P6 order in an original
petition under Article 227 of the Constitution of India. The
liabilities of the petitioners are in excess of Rs.8 Crores.
Considering the above and only to provide a breathing time to the
petitioners, the petitioners were required to make a deposit of
Rs.1.50 Crores on or before today, to defer the taking of physical
possession. The petitioners have failed to make any deposit.
Therefore, no further relief can be granted to the petitioners in this
original petition. The dismissal of this original petition will have no
bearing on any contention taken by the petitioners before the
Tribunal.
This original petition fails and it is accordingly dismissed.
Sd/-
GOPINATH P.
JUDGE
DK
OP (DRT) NO. 492 OF 2022
APPENDIX OF OP (DRT) 492/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER AS SA NO.158/2022 BEFORE THE
DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
ALONG WITH ANNEXURES
Exhibit P2 TRUE COPY OF THE PETITION FOR AMENDMENT
AS FILED IA NO.2209/2022 ALONG WITH
ANNEXURES
Exhibit P3 TRUE COPY OF THE PETITION FOR AMENDMENT
AS FILED IA NO.2911/2022 ALONG WITH
ANNEXURES
Exhibit P4 TRUE COPY OF THE STAY PETITION IN IA
NO.2913/2022
Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE RESPONDENT BANK
Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED
16.11.2022 OF THE DRT-II, ERNAKULAM IN SA
NO. 158/2022 AS DOWNLOADED FROM THE
WEBSITE
