Amarchand Sathyapalan vs The Authorized Officer
2023 Latest Caselaw 3027 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                        OP (DRT) NO. 477 OF 2022
AGAINST THE ORDER/JUDGMENT IN SA 353/2022 OF DEBT RECOVERY TRIBUNAL,
                                ERNAKULAM
PETITIONER/APPLICANT:

             AMARCHAND SATHYAPALAN,AGED 52 YEARS
             S/O SATHYAPALAN MADHAVAN, H.NO.IX/275 APSARAS, VENNICODE
             P.O, CHERUNNIYOOR, VARKALA THIRUVANANTHAPURAM PIN-693518,
             PIN - 693518

             BY ADVS.
             K.I.SAGEER
             MUHAMMED YASIL



RESPONDENTS 1 & 2/DEFENDANTS 1 & 2:

     1       THE AUTHORIZED OFFICER
             LIC HOUSING FINANCE LTD. AREA OFFICE, 2ND FLOOR, LEELA
             TOWERS, PATTAM P.O KESAVADASAPURAM, THIRUVANANTHAPURAM-
             695004., PIN - 695004

     2       MANAGER
             LIC HOUSING FINANCE LTD. AREA OFFICE, 2ND FLOOR, LEELA
             TOWERS, PATTAM P.O KESAVADASAPURAM, THIRUVANANTHAPURAM-
             695004., PIN - 695004

             BY ADV ASP.KURUP


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(DRT)No.477 of 2022            2


                    VIJU ABRAHAM,J
               -----------------------
               O.P.(DRT)No.477 of 2022
            -----------------------------
        Dated this the 13th day of March, 2023

                            JUDGMENT

The petitioner is the applicant in S.A.No.353 of

2022 before the Debt Recovery Tribunal Ernakulam-2.

The S.A was filed by the petitioner challenging the

notice issued by the Advocate Commissioner proposing

to take possession of the property. In the said

appeal, Ext.P1 interim order was issued by the

Tribunal granting stay of further proceedings on

condition that the petitioner shall deposit an

amount of Rs.15,00,000/- on or before 15.7.2022 and

another Rs.20,00,000/- on or before 30.8.2022.

Petitioner submits that an amount of Rs.15,00,000/-

was deposited on 15.7.2022, but the latter part of

the order directing to deposit Rs.20,00,000/-, has

not been complied with till date.

2. The learned counsel for the petitioner seeks

time till the end of this month for clearing the

said amount. The learned Standing Counsel for the

respondents opposed the said request and submitted

that further proceedings are posted to 16.3.2023. It

is seen that Rs.15,00,000/- has already paid by the

petitioner and he has complied with the first part

of Ext.P1 order and he seeks only a short time to

pay the balance amount. Therefore, I am of the

opinion that a lenient view could be taken in the

matter.

Therefore, the writ petition is disposed of with

a direction that the petitioner shall deposit an

amount of Rs.10,00,000/- on or before 15.3.2023 and

the balance amount of Rs.10,00,000/- on or before

28.3.2023. On making payments as directed above,

Ext.P1 interim order of stay granted by the DRT will

continue.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF OP (DRT) 477/2022

PETITIONER'S EXHIBITS

Exhibit-P1 A TRUE COPY OF THE ORDER DATED 15.07.2022 OF THE HON'BLE DEBT RECOVERY TRIBUNAL ERNAKULAM-2 IN S.A NO.353/2022

Exhibit-P2 A TRUE COPY OF THE JUDGMENT DATED 17.08.2022 IN O.P(DRT) NO. 326/2022 OF THIS HON'BLE COURT

Exhibit-P3 A TRUE COPY OF THE PETITION AND AFFIDAVIT IN S.A NO.353/2022 DATED 14.09.2022 SUBMITTED BEFORE THE HON'BLE DEBT RECOVERY TRIBUNAL ERNAKULAM-2