Sureshkumar M vs Authorized Officer, State Bank Of ...
2023 Latest Caselaw 5651 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                          OP (DRT) NO. 204 OF 2023
          MC 245/2022 OF CHIEF JUDICIAL MAGISTRATE, PALAKKAD
PETITIONER:
              SURESHKUMAR M
              AGED 54 YEARS
              S/O BHASKARAN NAIR, SREEDEVI NILAYAM, MADASSERI ROAD,
              P.O. EDATHARA, PALAKKAD DISTRICT, PIN - 678611
              BY ADVS.
              P.JAYARAM
              P.B.AJOY
              K.R.PAUL

RESPONDENTS:

     1        AUTHORIZED OFFICER, STATE BANK OF INDIA
              STRESSED ASSET RECOVERY BRANCH, 7TH FLOOR, VANKARATH
              BUILDING, P.O.PALARIVATTOM, ERNAKULAM DISTRICT, PIN -
              682024
     2        STATE BANK OF INDIA
              REPRESENTED BY THE AUTHORISED OFFICER/CHIEF MANAGER,
              STRESSED ASSET RECOVERY BRANCH, 7TH FLOOR, VANKARATH
              BUILDING, P.O.PALARIVATTOM, ERNAKULAM DISTRICT, PIN -
              682024
     3        MUKUNDANUNNI
              AGED 60 YEARS
              PROPRIETOR, M/S BHASKAR ASSOCIATES, BHASKARASREE,
              MADASSERI ROAD, P.O. EDATHARA, PALAKKAD DISTRICT, PIN -
              678611
     4        KRISHNAKUMAR,
              AGED 57 YEARS
              S/O VASUDEN, INDIRA BHAVAN, P.O. PANNIYANKARA, PALAKKAD
              DISTRICT, PIN - 678683
              R1 & R2 BY SRI.TOM K THOMAS,SANDING COUNSEL FOR SBI



     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 204 OF 2023          2




                           JUDGMENT

Dated this the 12th day of May, 2023

The crux of this Original Petition (DRT), which has

been filed under Article 227 of the Constitution of India, is

to grant a breathing time to the petitioner to challenge

Ext.P7 order before the Debts Recovery Appellate

Authority, Chennai.

2. The learned Standing Counsel for the

respondent Bank would submit that, since the certified

copy of the order has been obtained and produced before

this Court, the petitioner should have filed appeal and

opted for remedies.

Since the petitioner seeks a breathing time to file an

appeal, without going to the into merits of this case, I

grant 3 weeks' time to the petitioner, to approach the

Debts Recovery Appellate Authority, Chennai, and seek the

relief. Dispossession of the petitioner, as per Ext.P7 order,

stands deferred for a period of three weeks from today and

not thereafter.

Sd/-

A. BADHARUDEEN JUDGE

Bb

APPENDIX OF OP (DRT) 204/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SECURITISATION APPLICATION IN S.A. NO. 33/2023 ALONG WITH THE AFFIDAVIT AND APPLICATION FOR STAY IN I.A. NO.178/2023 ON THE FILES OF THE DEBT RECOVERY TRIBUNAL-1 ERNAKULAM Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT BANK IN S.A. NO. 33/2023 ON THE FILES OF DEBT RECOVERY TRIBUNAL-1 Exhibit P3 TRUE COPY OF THE MEMO DATED 06/02/2023 FILED BY THE COUNSEL FOR THE RESPONDENT BANK Exhibit P4 TRUE COPY OF THE AFFIDAVIT AND APPLICATION IN I.A. NO. 1348/2023 IN S.A.NO.33/2023 FOR AMENDING THE S.A. NO.33/2023 ON THE FILES OF DRT-1, ERNAKULAM Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT IN I.A. NO.1348/2023 IN S.A. NO.33/2023 ON THE FILES OF DRT-1, ERNAKULAM Exhibit P6 TRUE COPY OF THE ORDER DATED 08/05/2023 IN I.A.NO. 1348/2023 IN S.A.NO. 33/2023 ON THE FILES OF THE DEBT RECOVERY TRIBUNAL-1 ERNAKULAM Exhibit P7 TRUE COPY OF THE ORDER DATED 08/05/2023 IN I.A.NO.178/2023 IN S.A. 33/2023 ON THE FILES OF THE DEBT RECOVERY TRIBUNAL-1 ERNAKULAM RESPONDENTS' NIL EXHIBITS

//TRUE COPY//

PA TO JUDGE