Niyas K.A vs Authorized Officer & Chief ...
2023 Latest Caselaw 6561 Ker

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OP(DRT) No.236 of 2023


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                         OP (DRT) NO. 236 OF 2023
  TO CONSIDER AND DISPOSE OF SA NO.1671/2023 BEFORE THE DEBT
                    RECOVERY TRIBUNAL-II, ERNAKULAM.
PETITIONER/S:

             NIYAS K.A
             AGED 40 YEARS,S/O MUHAMMED ISMAIL, RESIDING @
             KAITHACKAL HOUSE, ERUMELI, KOTTAYAM, PIN - 686509

             BY ADVS.
             R.KISHORE (KALLUMTHAZHAM)
             AMAR S.R.


RESPONDENT/S:

     1       AUTHORIZED OFFICER & CHIEF MANAGER
             CATHOLIC SYRIAN BANK LTD (LAW & SECRETARY)BRANCH,
             ERNAKULAM, PIN - 682011

     2       BRANCH MANAGER
             CATHOLIC SYRIAN BANK,KOOVAPPALLY BRANCH,KOTTAYAM,
             PIN - 686518

OTHER PRESENT:

             Sri Madhu Radhakrishnan



      THIS    OP    (DEBT   RECOVERY   TRIBUNAL)   HAVING   COME   UP   FOR
ADMISSION ON 13.06.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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OP(DRT) No.236 of 2023


                         C.S DIAS,J.
                      ---------------------------
                 OP(DRT) No.236 of 2023
                     -----------------------------
             Dated this the 13th day of June, 2023 .

                             JUDGMENT

The original petition is filed to direct the Debt

Recovery Tribunal-II, Ernakulam, to consider and

dispose of SA No.1671/2023 (Ext P18) filed in SA

No.252/2023 (Ext P17), expeditiously.

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

securitization proceedings initiated against the

properties of the petitioner, he has filed Ext P17

application before the Tribunal. Along with Ext P17, he

has also filed Ext P18 stay petition as early as on

16.5.2023. However, the said application is not being

OP(DRT) No.236 of 2023

considered and the respondents are proceeding against

the secured asset. Hence, the original petition.

3. Heard; Sri.R.Kishore, the learned counsel

appearing for the petitioner and Sri.Madhu

Radhakrishnan, the learned counsel appearing for the

respondents.

4. Sri.Madhu Radhakrishnan, on instructions,

submitted that even though the secured asset was posted

for sale, there were no bidders. Hence, the proceedings

have been adjourned. Therefore, Ext P18 has become

infructuous.

5. Having considered the pleadings and materials

on record and taking note of the fact that Ext P18 is

pending consideration before the Tribunal, I deem it

OP(DRT) No.236 of 2023

appropriate to direct the Tribunal to consider and

dispose of Ext P18 application on its merits.

Resultantly, in exercise of the powers of this Court

under Article 227 of the Constitution of India, I dispose

of the original petition in the following manner:

The Debt Recovery Tribunal-II, Ernakulam, is

directed to consider and dispose of Ext P18 application, in

accordance with law and as expeditiously as possible, at

any rate within a period of one month from the date of

receipt of a certified copy of the judgment, after affording

both sides an opportunity of being heard.

The original petition is ordered accordingly.

sd/-

sks/13.6.2023 C.S.DIAS, JUDGE

OP(DRT) No.236 of 2023

APPENDIX OF OP (DRT) 236/2023

PETITIONER EXHIBITS

Exhibit:P1 THE TRUE COPY OF THE BANK STATEMENT OF THE PETITIONER NUMBERED AS 0181-03489269- 721601 FROM 21/10/2014 TO 20.11.2022

Exhibit:P2 THE TRUE COPY OF THE ORDER DATED 11TH MAY 2022 IN M.C 282/2022

Exhibit:P3 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 23615/2022 DATED 21ST DAY OF JULY 2022

Exhibit:P4 THE TRUE COPY OF THE JUDGMENT IN WP© NUMBERED 41347/2022 DATED 5TH JANUARY 2023

Exhibit:P5 THE TRUE COPY OF THE IMPUGNED STATEMENT ISSUED BY THE BANK DATED 12TH JANUARY 2023

Exhibit:P6 THE TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 07.02.2023 TO THE DEFENDANTS DULY ACKNOWLEDGED BY THE DEFENDANT

Exhibit:P7 THE TRUE COPY OF THE LETTER DATED 13.10.2022 ISSUED TO THE PETITIONER

Exhibit:P8 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE DEFENDANTS DATED 10.02.2023

Exhibit:P9 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 10.02.2022 RECEIVED ON 15.02.2023

Exhibit:P10 THE TRUE COPY OF THE SA NUMBERED AS 101/2023

Exhibit:P11 THE TRUE COPY OF THE STAY PETITION NUMBERED AS IA 615/2023

Exhibit:P12 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 28.02.2023

Exhibit:P13 THE TRUE COPY OF THE OBJECTION FILED BY

OP(DRT) No.236 of 2023

THE DEFENDANT BANK DATED 02.03.2023

Exhibit:P14 THE TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND DEFENDANT DATED 21.03.2023

Exhibit:P15 THE TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT BANK TO THE PETITIONER DATED 05.04.2023

Exhibit:P16 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 03.05.2023

Exhibit:P17 THE TRUE COPY OF THE SECURITIZATION APPLICATION FILED BEFORE THE DRT NUMBERED AS 252/2023

Exhibit:P18 THE TRUE COPY OF THE STAY PETITION NUMBERED AS 1671/2023

Exhibit19 THE TRUE COPY OF THE STATUS OF THE SA AND THE DAILY ORDER SHEET IN SA 252/2023