Kerala High Court
Dr. Habid.N.M vs Authorized Officer on 1 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
OP (DRT) NO. 89 OF 2023
AGAINST THE ORDER/JUDGMENT IN SA 200/2019 OF DEBT RECOVERY
TRIBUNAL-I, ERNAKULAM
PETITIONERS/APPLICANTS:
1 DR. HABID.N.M
AGED 51 YEARS
S/O. N.M. HUSSAIN HAJI, MANCHARAKANDI HOUSE,
KARASSERY.P.O., MUKKAM, KOZHIKODE, PIN - 673602
2 Mrs.SALEENA.N.M
AGED 43 YEARS
W/O. HABID.N.M., MANCHARAKANDI HOUSE, KARASSERY.P.O.,
MUKKAM, KOZHIKODE, PIN - 673602
BY ADVS.
SADCHITH.P.KURUP
C.P.ANIL RAJ
S.SHIV SHANKAR
SIVA SURESH
RESPONDENT/DEFENDANT:
AUTHORIZED OFFICER
HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, HDFC
HOUSE, 3RD FLOOR, RAVIPURAM JUNCTION, M.G. ROAD, KOCHI,
PIN - 682015
BY ADVS.
K.K.CHANDRAN PILLAI (SR.)
S.AMBILY
LAKSHMI ANIL
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 89 OF 2023 2
T.R. RAVI, J.
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O.P.(DRT)No.89 of 2023
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Dated this the 1st day of March, 2023
JUDGMENT
Admit. Standing Counsel takes notice for the respondent.
The petitioners have approached this Court praying for a
direction to DRT-I, Ernakulam to issue certified copy of order in
I.A.No.383 of 2023 in S.A.No.200/2019 within a time limit prescribed
by this Court. There is also an alternate prayer to dispose of
S.A.No.200/2019 pending on the files of DRT-I, Ernakulam within a
time limit prescribed by this Court. By an order in I.A.No.383 of
2023, the Debts Recovery Tribunal has rejected the request for stay
of dispossession.
The Senior Counsel appearing for the respondent submitted
that this is a case where there has been no payment from 2019
onwards and even the amount agreed to be paid in 2019, was not
paid. It is hence submitted that the conduct of the petitioners is such
that the respondent will not be able to extend any further indulgence.
It is submitted that a sum of about Rs.71,00,000/- is overdue and a
sum of around Rs.45,00,000/- will be required for taking the account
out of NPA categorisation. It is submitted that if the petitioners are
willing to pay a substantial amount before the end of the financial
year and the balance amount immediately, the loan can be
regularised. The Counsel for the petitioners submitted that the
petitioners will not be able to raise the entire amount that soon and
even if they propose an appeal they may not have to pay such huge
amounts as condition.
Having Considered the contentions on either side, this writ
petition is disposed of directing the petitioners to pay a sum of
Rs.20,00,000/- on or before 15.03.2023 and a further sum of
Rs.20,00,000/- on or before 31.03.2023. The balance amount
overdue shall be paid in two equal monthly instalments, the first
instalment falling due on or before 28.04.2023 and the second
instalment become payable on or before 30.05.2023. If the
petitioners pay the entire overdue amount, the respondent shall
regularise the loan account. If the petitioners make a single default in
the payment of instalments, the respondent will be at liberty to
continue with coercive steps for recovery. The coercive steps initiated
shall be kept in abeyance to facilitate the payment of instalments as
directed above.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF OP (DRT) 89/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SA NO. 200/2019 DATED
08.07.2019 FILED BY PETITIONER BEFORE DRT
-1, ERNAKULAM WITHOUT ANNEXURES
Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED
25.07.2019 IN SA NO. 200/2019 OBTAINED
FROM THE ONLINE PORTAL OF THE DEBT
RECOVERY TRIBUNAL-1, ERNAKULAM
Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED
18.07.2019 FILED BY DEFENDANT BANK
Exhibit P4 TRUE COPY OF THE COMMISSION REPORT DATED
13.01.2020 FILED BY ADVOCATE COMMISSIONER
BEFORE DRT -1, ERNAKULAM
Exhibit P5 TRUE COPY OF THE NOTICE DATED 02.02.2023
ISSUED BY THE ADVOCATE COMMISSIONER
Exhibit P6 TRUE COPY OF THE AMENDMENT APPLICATION AS
I.A NO. 382 OF 2023 DATED 03.02.2023
FILED BY PETITIONER BEFORE DRT -1,
ERNAKULAM
Exhibit P7 TRUE COPY OF THE STAY APPLICATION AS I.A
NO. 383 OF 2023 DATED 03.02.2023 FILED BY
PETITIONER BEFORE DRT -1, ERNAKULAM
Exhibit P8 TRUE COPY OF THE EXTENSION APPLICATION AS
I.A NO. 384 OF 2023 DATED 03.02.2023
FILED BY PETITIONER BEFORE DRT -1,
ERNAKULAM
Exhibit P9 TRUE COPY OF THE OBJECTION DATED
15.02.2023 FILED BY DEFENDANT BANK IN
STAY APPLICATION BEFORE DRT -1, ERNAKULAM
Exhibit P10 TRUE COPY OF THE OBJECTION DATED
15.02.2023 FILED BY DEFENDANT BANK IN
EXTENSION APPLICATION BEFORE DRT -1,
ERNAKULAM
Exhibit P11 TRUE COPY OF THE PROCEEDINGS DATED
21.02.2023 PASSED IN I.A NO.383 OF 2023
AND I.A NO.384 OF 2023 IN SA NO. 200/2019
OBTAINED FROM THE ONLINE PORTAL OF THE
DEBT RECOVERY TRIBUNAL-1, ERNAKULAM
