Pathrose V.Y vs The South Indian Bank Ltd
2023 Latest Caselaw 6864 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
      THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                      OP (DRT) NO. 226 OF 2023
AGAINST THE ORDER/JUDGMENT SA 482/2022 OF DEBT RECOVERY TRIBUNAL-
                            2, ERNAKULAM
PETITIONER/APPELLANT/APPLICANT:

          PATHROSE V.Y.,
          AGED 53 YEARS
          S/O. MATHAI YOHANNAN, VATTAPPARA HOUSE, VEMBILY,
          AIRKKARANADU, ERNAKULAM-683565

          BY ADVS.
          PAUL K.VARGHESE
          A.A.GEETHA
          K.P.S.JALALUDDEEN MOHMMED
          HYBIN JOSE P.P.



RESPONDENT:

          THE SOUTH INDIAN BANK LTD.,
          REP. BY THE AUTHORIZED OFFICER, SIB HOUSE, T.B. ROAD,
          MISSION QUARTERS, THRISSUR -680 001 REPRESENTED BY THE
          AUTHORIZED OFFICER, SIB HOUSE, T.B. ROAD, MISSION
          QUARTERS, THRISSUR, PIN - 680001

          BY ADVS.
          SUNIL SHANKAR A
          VIDYA GANGADHARAN(K/000424/2020)
          JERIN GEORGE(K/863/2023)




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT) NO. 226 OF 2023
                                   2




             Dated this the 22nd       day of June, 2023

                           JUDGMENT

The original petition is filed to direct the Debt

Recovery Appellate Tribunal, Chennai (in short

'Appellate Tribunal') to consider and dispose of Ext.P18

to P25, within a time frame.

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

orders passed by the Debt Recovery Tribunal,

Ernakulam, the petitioner has preferred Exts.P18 and

P22 appeals along with Exts. P19 and P23 stay petitions,

Exts.P20 and P24 waiver petitions and Exts. P21 and

P25 urgent applications. Although the appeals and the

stay petitions are filed on 14.3.2023, no orders have

been passed. Now, the respondent is threatening to OP(DRT) NO. 226 OF 2023

take possession of the secured asset, which would cause

prejudice to the petitioner. Hence, the original petition.

3. When the original petition came up for

consideration on 12.6.2023, this Court had called for a

report from the Appellate Tribunal, to ascertain the

status and position of Exts.P18 to P25 and the

reasonable time period required to consider and dispose

of the above appeal and applications.

4. The Appellate Tribunal, by communication dated

21.6.2023, has stated that the defects in the waiver

applications have been cured. The matter is now posted

to 26.6.2023 before the Registrar. Once, the respondent

filed its counter affidavit, the Appellate Tribunal will

consider the applications for waiver. Subject to the

outcome and compliance of the orders to be passed in

the waiver applications, the Appellate Tribunal will

consider the stay petitions and thereafter the appeals. OP(DRT) NO. 226 OF 2023

5. Heard; Sri. Paul K. Varghese, the learned

counsel appearing for the petitioner and Sri. Sunil

Shanker, the learned counsel appearing for the

respondent.

6. Having considered the pleadings and materials

on record and after perusing the communication of the

Appellate Tribunal, in exercise of the supervisory

powers of this Court under Article 227 of the

Constitution of India, I dispose of the original petition

as follows:-

(i) The Appellate Authority is directed to consider

and dispose of Exts.P20 and P24 waiver applications

filed by the petitioner in Exts.P18 and P22 appeals, in

accordance with law and as expeditiously as possible at

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

respondent files its counter affidavit to the above

applications.

OP(DRT) NO. 226 OF 2023

(ii) Until such time orders are passed on Exts.P20

and P24 wavier applications, all further coercive

proceedings as against the secured assets of the

petitioner shall stand deferred.

SD/-

C.S.DIAS, JUDGE

rmm22/6/2023 OP(DRT) NO. 226 OF 2023

APPENDIX OF OP (DRT) 226/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RECEIPT ISSUED BY THE HDFC BANK, KAKKANADU FOR REMITTANCE OF RS. 5 LAKHS BY THE PETITIONER DATED NIL

Exhibit P2 A TRUE COPY OF THE RECEIPT ISSUED BY THE HDFC BANK, KAKKANADU FOR REMITTANCE OF RS. 2 LAKHS BY THE PETITIONER DATED NIL

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF S.A. NO. 482/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 10.10.2022

Exhibit P4 A TRUE COPY OF THE COMMISSION APPLICATION AS I.A. NO. 281/2023 IN S.A. NO. 482/2022 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 23.1.2023

Exhibit P5 A TRUE COPY OF THE DIRECTION PETITION AS I.A. NO. 282/2023 IN S.A. NO. 482/2022 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 23.1.2022

Exhibit P6 A TRUE COPY OF THE AMENDMENT PETITION AS I.A. NO. 295/2023 IN S.A. NO. 482/2022 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 30.1.2022

Exhibit P7 A TRUE COPY OF THE JUDGMENT IN O.P.(DRT) NO.35/2023 OF THIS COURT DATED 25.1.2023 BEFORE THE DEBT RECOVERY TRIBUNAL

Exhibit P8 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN I.A. NO. 281/2023 IN S.A. NO. 482/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-I, OP(DRT) NO. 226 OF 2023

ERNAKULAM DATED 1.2.2023

Exhibit P9 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN I.A. NO. 282/2023 IN S.A. NO. 482/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-I, ERNAKULAM DATED 1.2.2023

Exhibit P10 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN I.A. NO. 295/2023 IN S.A. NO. 482/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-I, ERNAKULAM DATED 1.2.2023

Exhibit P11 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KADYIRIPPU DATED 27.1.2023

Exhibit P12 A TRUE COPY OF THE ORDER IN I.A. NO.

281/2023 IN S.A. NO. 482/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-I, ERNAKULAM DATED 9.2.2023

Exhibit P13 A TRUE COPY OF THE ORDER IN I.A. NO.

282/2023 IN S.A. NO. 482/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-I, ERNAKULAM DATED 9.2.2023

Exhibit P14 A TRUE COPY OF THE ORDER IN I.A. NO.

295/2023 IN S.A. NO. 482/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-I, ERNAKULAM DATED 9.2.2023

Exhibit P15 A TRUE COPY OF THE DECISION OF THIS HON'BLE COURT REPORTED 1996 KHC 234

Exhibit P16 A TRUE COPY OF THE JUDGMENT OF THIS COURT REPORT IN 2019(3) KHC 268

Exhibit P17 A TRUE COPY OF THE JUDGMENT IN O.P.(DRT) NO. 71/2023 OF THIS COURT DATED OP(DRT) NO. 226 OF 2023

21.2.2023

Exhibit P18 A TRUE COPY OF THE APPEAL AS AIR NO.

197/2023 FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI DATED 14.3.2023

Exhibit P19 A TRUE COPY OF THE UNNUMBERED STAY PETITION FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI DATED 14.3.2023

Exhibit P20 A TRUE COPY OF THE WAIVER PETITION FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI AS I.A. NO. 167/2023 IN THE UNNUMBERED APPEAL FILED DATED 14.3.2023

Exhibit P21 A TRUE COPY OF THE UNNUMBERED URGENT PETITION FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI IN UNNUMBERED I.A. NO. /2023 DATED 14.3.2023

Exhibit P22 A TRUE COPY OF THE APPEAL AS AIR NO.

198/2023 FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI AGAINST THE ORDER IN I.A. NO. 282/2023 DATED 14.3.2023

Exhibit P23 A TRUE COPY OF THE UNNUMBERED STAY PETITION FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI DATED 14.3.2023

Exhibit P24 A TRUE COPY OF THE WAIVER PETITION AS I.A. NO.168/2023 FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI DATED 14.3.2023

Exhibit P25 A TRUE COPY OF THE UNNUMBERED URGENT PETITION FILED BY THE PETITIONER BEFORE OP(DRT) NO. 226 OF 2023

THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI FOR AN EARLY DISPOSAL OF THE APPEAL DATED 14.3.2023

Exhibit P26 A TRUE COPY OF THE NOTICE ISSUED BY THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI IN AIR NO. 197/2023 DATED 20.4.2023

Exhibit P27 A TRUE COPY OF THE NOTICE ISSUED BY THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI IN AIR NO. 198/2023 DATED 20.4.2023