G.Titus Manoharan vs The Authorised Officer
2023 Latest Caselaw 7126 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

          FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945

                        OP (DRT) NO. 246 OF 2023

    AGAINST THE ORDER IN SA 292/2021 OF DEBT RECOVERY TRIBUNAL- 2,
                             ERNAKULAM


PETITIONER/APPLICANT:

           G.TITUS MANOHARAN, AGED 58 YEARS
           S/O GEORGE NADAR, CHRISTU VILASAM, MANTHARA,
           MAMPAZHAKARA, PERUMPAZHATHOOR P.O., NEYYATTINKARA,
           THIRUVANANTHAPURAM, PIN - 695126

           BY ADV K.C.VINCENT


RESPONDENTS/DEFENDANTS:

     1     THE AUTHORISED OFFICER,
           NEYYATTINKARA CO-OPERATIVE URBAN BANK LTD NO. 931, HEAD
           OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121

     2     JAYAKUMARI , AGED 47 YEARS
           S/O ISRAEL, MAHANAMA, SNRA-49A, SANKARAN NAIR ROAD,
           PERIKAVU P.O., THIRUVANANTHAPURAM, PIN - 695573

           BY ADV R.T.PRADEEP


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT)NO.246 OF 2023 IN O.P.(C)NO.1505/2021

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                           JUDGMENT

Dated this the 23rd day of June 2023

The original petition is filed challenging Ext.P1

final order passed by the Debt Recovery Tribunal II,

Ernakulam in S.A.292/21.

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

recovery proceedings initiated by the first respondent

under the Securitization and Reconstruction of

Financial Assets and Enforcement of Security Interest

Act (in short, 'Act'), the petitioner preferred S.A.292/21

before the Tribunal. However, the Tribunal by Ext.P1

has rejected the S.A. The action of the Tribunal is in

egregious violation of Ext.P2 judgment and Ext.P3

order passed by this Court. Hence, the Ext.P1 final

order may be set aside by invoking supervisory power

of this Court under Article 227 of the Constitution of

India. Hence, the original petition. OP(DRT)NO.246 OF 2023 IN O.P.(C)NO.1505/2021

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3. Heard Sri.K.C.Vincent, the learned counsel

appearing for the petitioner and Sri.R.T.Pradeep,

learned counsel appearing for the first respondent. In

view of the judgment that I propose to pass, I dispense

with notice to the second respondent.

4. Indisputably, Ext.P1 order has been passed

under Section 17 of the Act. Any order passed under

Section 17 is appealable to appellate tribunal within 30

days from the date of receipt of the order from the

Tribunal.

5. The Hon'ble Supreme Court in South Indian

Bank Ltd vs. Naveen Mathew Philip [2023 LiveLaw (SC)

320], after adverting to a myriad of earlier judicial

pronouncements rendered under the Act, has

categorically declared that High Courts shall not,

unless in extra ordinary circumstances, interfere with

proceedings initiated under the Act, in writ proceedings

under Article 227 of the Constitution of India. OP(DRT)NO.246 OF 2023 IN O.P.(C)NO.1505/2021

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6. In view of the alternative statutory remedy

available to the petitioner, I am not inclined to entertain

the original petition by exercising the supervisory

powers of this Court under Article 227 of the

Constitution of India. Nonetheless, it is upto the

petitioner to work out his remedies in accordance with

law.

Resultantly, the original petition is dismissed

without prejudice to the right of the petitioner to work

out his remedies in accordance with law.

SD/-

C.S.DIAS JUDGE jes OP(DRT)NO.246 OF 2023 IN O.P.(C)NO.1505/2021

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APPENDIX OF OP (DRT) 246/2023

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE FINAL ORDER 03.05.2023 IN S.A.

NO. 292 OF 2021 BEFORE THE THE DEBT RECOVERY TRIBUNAL-2, ERNAKULAM

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 21396 OF 2019 DATED 14.08.2019

Exhibit P3 A TRUE COPY OF THE JUDGMENT IN R.P. NO. 888 OF 2019 DATED 05.10.2021

Exhibit P4 A TRUE COPY OF THE STATEMENT ISSUED BY THE 1ST RESPONDENT BANK TO THE PETITIONER DATED 06.12.2019

Exhibit P5 A TRUE COPY OF THE APPLICATION FILED UNDER SECTION 17(1) OF THE SARFAESI ACT, 2002, AS S.A. NO. 292 OF 2021 DATED 20.10.2021 WITHOUT ANNEXURES

Exhibit P6 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST DEFENDANT IN S.A. NO 292 OF 2021 DATED 15.03.2023

Exhibit P7 A TRUE COPY OF THE ORDER DATED 26.05.2023, IN I.A.

NO. 1 OF 2023 IN R.P.NO. 888 OF 2019