Joy Paul vs South Indian Bank Limited
2023 Latest Caselaw 7870 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                       OP (DRT) NO. 282 OF 2023
AGAINST THE JUDGMENT IN SA 269/2023 OF DEBT RECOVERY TRIBUNAL- 2,
                              ERNAKULAM
PETITIONER:

          JOY PAUL
          AGED 55 YEARS
          S/O N.T.PAUL NADACKAL HOUSE,
          ATHIRAMPUZHA KOTTAYAM, PIN - 686562

          BY ADVS.
          C.S.MANU
          DILU JOSEPH
          C.A.ANUPAMAN
          T.B.SIVAPRASAD
          C.Y.VIJAY KUMAR
          MANJU E.R.
          ANANDHU SATHEESH
          ALINT JOSEPH



RESPONDENTS:

    1     SOUTH INDIAN BANK LIMITED
          PANNACKAL BUILDINGS, CENTRAL JUNCTION, ATHIRAMPUZHA,
          KOTTAYAM, REPRESENTED BY ITS BRANCH MANAGER,
          PIN - 686562

    2     THE AUTHORIZED OFFICER & CHIEF MANAGER
          SOUTH INDIAN BANK LIMITED, PANNACKAL BUILDINGS, CENTRAL
          JUNCTION, ATHIRAMPUZHA, KOTTAYAM, PIN - 686562

          BY ADV MOHAN JACOB GEORGE




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT) NO. 282 OF 2023
                                   2


                Dated this the 26th day of July, 2023

                            JUDGMENT

The original petition is filed to direct the Debt

Recovery Tribunal-II (in short 'Tribunal'), Ernakulam, to

issue the certified copy of the order dated 21.7.2023 in

I.A. No.1808/2023 in S.A.No.269/2023, expeditiously and

until such time to defer further recovery proceedings

initiated by the respondents.

2. The petitioner's case is that, aggrieved by the

recovery proceedings initiated by the respondents

under the Securitization and Reconstruction of Financial

Assets and Enforcement of Security Interest Act (in

short, 'Act'), the petitioner had preferred S.A

No.269/2023 before the Tribunal. Along with the S.A.,

the petitioner had also filed an application to stay the

recovery proceedings. The Tribunal, by order dated

21.7.2023, has dismissed the stay petition. The

petitioner proposes to challenge the said order before OP(DRT) NO. 282 OF 2023

the Debt Recovery Appellate Tribunal, Chennai. But, the

petitioner is apprehensive that the respondents may

dispossess the petitioner from the secured asset.

Hence, the original petition.

3. Heard; Sri. C.S. Manu, the learned counsel

appearing for the petitioner and Sri. Mohan Jacob

George the learned counsel appearing for the

respondents.

4. Sri.C.S. Manu, on instructions, submitted that

subsequent to the filing of the original petition, the

petitioner has been served with the certified copy of the

order passed in I.A.No.1808/2023. The petitioner

proposes to move the Appellate Tribunal within the

stipulated time period under Section 18 of the Act. The

petitioner has 30 days time to file an appeal. Hence, the

petitioner may be granted a breathing time to prefer an

appeal and the respondents may be directed to defer

further recovery proceedings.

OP(DRT) NO. 282 OF 2023

5. Having considered the pleadings and materials

on record and after hearing the respective counsel

appearing for the parties, in exercise of the supervisory

powers of this Court under Article 227 of the

Constitution of India, I deem it appropriate to defer

further recovery proceedings pursuant to Exts.P2 to P4.

Resultantly, I order the original petition as follows:-

(i) The respondents are directed to defer further

recovery proceedings pursuant to Exts.P2 to P4, for a

period of two weeks from the date of receipt of a

certified copy of the judgment, to enable the petitioner

to challenge the order passed in I.A. No.1808/2023

before the Appellate Tribunal, if so advised.

Sd/-

C.S.DIAS, JUDGE

rmm26/7/2023 OP(DRT) NO. 282 OF 2023

APPENDIX OF OP (DRT) 282/2023

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF S.A NO. 269 OF 2023, EXCLUDING THE DOCUMENTS FILED THEREIN

Exhibit P-2 TRUE COPY OF THE DEMAND NOTICE DATED 21-

10-2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P-3 TRUE COPY OF THE POSSESSION NOTICE DATED 8-2-2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P-4 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM IN M.C NO. 139 OF 2023

Exhibit P-5 TRUE COPY OF THE I.A NO. 1808 OF 2023 IN S.A NO. 269 OF 2023 FILED BY THE PETITIONER BEFORE THE DRT-II, ERNAKULAM

Exhibit P-6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN I.A NO. 1808 OF 2023 IN SA NO.269 OF 2023 BEFORE THE DRT-II, ERNAKULAM

Exhibit P-7 TRUE COPY OF THE ORDER DATED 21-7- 2023 IN I.A.NO. 1808 OF 2023 IN SA NO.269 OF 2023 PASSED BY THE DRT-II ERNAKULAM DOWN-LOADED BY THE PETITIONER FROM THE WEBSITE OF THE HON'BLE TRIBUNAL