N.K.Preman vs Punjab National Bank
2023 Latest Caselaw 5653 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.201 OF 2023
    AGAINST THE ORDER/JUDGMENT IN SA 311/2019 OF DEBT RECOVERY
                         TRIBUNAL-I, ERNAKULAM
PETITIONER/APPLICANT:

            N.K.PREMAN
            AGED 56 YEARS
            S/O. KELUKURUP,
            PROPRIETOR, M/S. KOZHIKODE FUEL CENTRE,
            KUZHIMIYIL HOUSE, QUILANDY.P.O.,
            PANTHALAYANI, KOZHIKODE, PIN - 673603

            BY ADVS.
            SADCHITH.P.KURUP
            C.P.ANIL RAJ
            SIVA SURESH
            RESHMA RAJ



RESPONDENTS/DEFENDANTS:

    1       PUNJAB NATIONAL BANK
            KUNNAMANGALAM BRANCH, KUNNAMANGALAM.P.O.,
            KOZHIKODE, REP. BY BRANCH MANAGER
            PIN - 673570

    2       AUTHORIZED OFFICER
            PUNJAB NATIONAL BANK,
            SHATHABDI BHAVAN, MINI BY-PASS ROAD,
            GOVINDAPURAM, KOZHIKODE, PIN - 673016

            C AJITH KUMAR, STANDING COUNSEL FOR PUNJAB NATIONAL
            BANK


     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. 201 OF 2023
                                   2



                           JUDGMENT

Dated this the 12th day of May, 2023

This OP(DRT) has been filed under Article 227 of the

Constitution of India and the prayers herein are as under:

"a) May be pleased to direct the respondent bank not to dispossess the petitioner till an appeal is preferred by the petitioner before DRAT, Chennai against Ext.P3 within a time limit to be prescribed by this Honourable Court.

b) Direct the DRT-I, Ernakulam to issue order dated 04.05.2023 dismissing Ext.P1 S.A. Within a time frame fixed by this Honourable Court."

2. Heard the learned counsel for the petitioner as well

as the learned counsel appearing for the respondent.

3. When this matter is taken up for hearing, both sides

would submit that Debts Recovery Tribunal-I, Ernakulam

disposed of Ext.P1 S.A.No.311/2019 as per order dated

04.05.2023. The learned counsel for the petitioner would submit

that even though the appeal was dismissed, the appellate order

was not provided to the petitioner and as such, the petitioner is OP (DRT) NO. 201 OF 2023

not in a position to prefer an appeal before the Debts Recovery

Appellate Tribunal, Chennai and to seek urgent relief.

4. Therefore, there shall be a direction to the Debts

Recovery Tribunal-I, Ernakulam to issue certified copy of order in

Ext.P3 proceedings within a period of two weeks from the date

of receipt or production of a copy of this judgment. On getting

the certified copy of the order, the petitioner is at liberty to move

regular appeal, in accordance with law. In order to facilitate filing

of a proper appeal, the dispossession of the petitioner from the

property covered by the order of the Debts Recovery Tribunal-I,

Ernakulam shall stand deferred for a period of three weeks from

today.

This OP(DRT) stands disposed of as indicated above.

Registry shall forward a copy of this judgment to DRT-I,

Ernakulam, within seven days, for information and compliance.

Sd/-

A. BADHARUDEEN JUDGE nkr OP (DRT) NO. 201 OF 2023

APPENDIX OF OP (DRT) 201/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF SA NO. 311/2019 DATED 4.11.2019 FILED BY PETITIONER BEFORE DRT 1 ERNAKULAM WITHOUT ANNEXURES Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT WITHOUT ANNEXURES FILED BY THE DEFENDANT BEFORE DRT 1, ERNAKULAM Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED 4.5.2023 IN SA NO.311/2019 OBTAINED FROM THE ONLINE PORTAL OF THE DEBT RECOVERY TRIBUNAL-1, ERNAKULAM RESPONDENT'S EXHIBITS : NIL