James C.J vs The Authorized Officer
2023 Latest Caselaw 5690 Ker

OP (DRT) No.190/2023                              1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                               PRESENT


                            THE HONOURABLE MR.JUSTICE C.S.DIAS


                                    th
                  Tuesday, the 16        day of May 2023 / 26th Vaisakha, 1945


                                    OP (DRT) NO. 190 OF 2023


            AIR NO.165 OF 2023 OF DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI

   PETITIONERS/ APPELLANTS:

      1. JAMES C.J, AGED 65 YEARS, S/O. JOSEPH AUGUSTHY, RESIDING AT
         CHETTIPARAMBIL HOUSE, KARIMKUNNAM P.O., MANJAKKADAMBU, THODUPUZHA,
         IDUKKI DISTRICT, PIN - 685 586.
      2. MAREENA ENTERPRISES, GROUND FLOOR, MATHA SHOPPING ARCADE, PALA
         ROAD, THODUPUZHA, IDUKKI DISTRICT, PIN - 685 586. REPRESENTED ITS
         MANAGING PARTNER JAMES C.J.

   RESPONDENTS/ RESPONDENTS:

      1. THE AUTHORIZED OFFICER HDB FINANCIAL SERVICES LIMITED, 2ND FLOOR,
         CHAITHANYA BUILDING, OPPO. SWAPNIL APARTMENTS, K.K.
         ROAD, KADAVANTHARA, ERNAKULAM, PIN - 682 017.
      2. HDB FINANCIAL SERVICES LIMITED, 2ND FLOOR, CHAITHANYA
         BUILDING, OPPO. SWAPNIL APARTMENTS, K.K. ROAD, KADAVANTHARA,
         ERNAKULAM, PIN - 682 017.


        OP (Debt Recovery Tribunal) praying inter alia that in the
   circumstances stated in the affidavit filed along with the OP (DRT) the
   High Court be pleased to stay all proceedings of the respondent bank under
   SARFAESI Act, including dispossession of the petitioners from the property
   pending disposal of this Original Petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP (DRT) and upon hearing the arguments
   of M/S V.K.PEERMOHAMED KHAN, GIRISH KUMAR V.C & K.P.SUBAIR, Advocates for
   the petitioners and of Sri. P. PAULOCHAN ANTONY, Advocate for the
   respondent, the court passed the following:

                                                                                 [P.T.O]
 OP (DRT) No.190/2023                             2/4




                                    C.S.DIAS, J.
                        -----------------------------------
                             O.P.(DRT). No.190 of 2023
                        -----------------------------------
                          Dated, this the 16th May, 2023


                                         O R D E R

Learned Standing Counsel, Sri.Paulochan

Antony takes notice for the respondents.

2. Registry shall call for a report from

the Debt Recovery Appellate Tribunal, Chennai to

ascertain the time required to consider Ext.P9

application filed in AIR No.165/2023.

3. On consideration of the pleadings and

materials on record and taking note of the fact

that the petitioners have already invoked the

statutory remedy as directed by this Court in

Ext.P1 judgment, I am satisfied that the

petitioners have made out a prima facie case for

an interim order.

Hence, I stay the recovery proceedings,

which is the subject matter in dispute in AIR

No.165/2023 before the Debt Recovery Appellate OP (DRT) No.190/2023 3/4

Tribunal, Chennai, for a period of two weeks.

Post on 26.05.2023.

Sd/-

                                                             C.S.DIAS,JUDGE
            ww




16-05-2023                       /True Copy/                            Assistant Registrar
 OP (DRT) No.190/2023                    4/4

APPENDIX OF OP (DRT) 190/2023 Exhibit P1 TRUE COPY OF THE JUDGMENT IN OP(DRT) NO. 77/2023 DATED 22-02-2023.

Exhibit P9 TRUE COPY OF THE ADVANCE PETITION FILED BEFORE DRAT CHENNAI

16-05-2023 /True Copy/ Assistant Registrar