Naijo K Ouseph vs The Registrar
2023 Latest Caselaw 11643 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                       OP (DRT) NO. 483 OF 2023
    AGAINST THE ORDER/JUDGMENT APPEAL NO 7/2023 OF DEBT RECOVERY
                         TRIBUNAL, ERNAKULAM
PETITIONERS:



     1     NAIJO K OUSEPH
           AGED 43 YEARS
           KOOTTALA HOUSE, THEMALIPADAM ROAD,
           NEAR MODERN CULTURAL SOCIETY, OLLUR.P.O, EDAKKUNNI,
           THAIKKATTUSSERY, THRISSUR, PIN - 680306
     2     NICE NAIJO
           AGED 39 YEARS
           KOOTTALA HOUSE, THEMALIPADAM ROAD,
           NEAR MODERN CULTURAL SOCIETY, OLLUR.P.O, EDAKKUNNI,
           THAIKKATTUSSERY, THRISSUR, PIN - 680306
     3     THRESSIAMMA OUSEPH
           AGED 75 YEARS
           W/O. OUSEPH, KOOTTALA HOUSE, THEMALIPADAM ROAD,
           NEAR MODERN CULTURAL SOCIETY, OLLUR.P.O, EDAKKUNNI,
           THAIKKATTUSSERY, THRISSUR, PIN - 680306

           BY ADVS.
           K.SANEESH KUMAR
           P.SHRIHARI
           V.B.SANTHINI


RESPONDENTS:

     1     THE REGISTRAR
           THE DEBT RECOVERY TRIBUNAL-1, ERNAKULAM, 5TH FLOOR,
           KERALA HOUSING BOARD BUILDING, PANAMPILLY NAGAR,
           ERNAKULAM, PIN - 682036
     2     SOUTH INDIAN BANK LTD
           THRISSUR EAST FORT BRANCH, ST. JOHN'S ARCADE, AYYANTHOLE,
           THRISSUR- REPRESENTED BY ITS MANAGER, PIN - 680005
 OP (DRT) NO.483 OF 2023
                             2




    3     AUTHORISED OFFICER
          SOUTH INDIAN BANK LTD., REGIONAL OFFICE,
          THRISSUR, PLATINUM JUBILEE BUILDING,
          CIVIL LANE ROAD, AYYANTHOLE, THRISSUR,
          PIN - 680003



          SRI.C. AJITH KUMAR-STANDING COUNSEL


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 OP (DRT) NO.483 OF 2023
                                3




                             JUDGMENT

Dated this the 16th day of November, 2023

The petitioners have approached this Court seeking to

set aside Ext.P9 order passed by the 1st respondent-Registrar

of Debt Recovery Tribunal and to direct the 1st respondent to

number Ext.P1 S.A on the files of the Debt Recovery Tribunal-

1, Ernakulam and to consider interim application for stay filed

in Ext.P1 S.A. within a time frame.

2. The petitioners are debtors to the 2nd respondent-

Bank. The 2nd respondent-Bank initiated proceedings under

the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002. When the Chief

Judicial Magistrate Court, Thrissur passed Ext.P8 order dated

20.09.2023 in Crl.M.P. No.8060 of 2023, the petitioners filed

Ext.P10 appeal before the Debt Recovery Tribunal. The

Registrar of the Debt Recovery Tribunal declined to register OP (DRT) NO.483 OF 2023

the application of the petitioner under Sub-Rule (4) of Rule 4

of the Debts Recovery Tribunal (Procedure) Rules, 1993.

3. The petitioners state that the Securitisation

Application relates to four properties, out of which three items

are situated in Ernakulam and which would fall within the

jurisdiction of DRT-1. One item of property is in Thrissur

District and it is on that ground alone that the petitioners' S.A

was declined to be numbered.

4. Aggrieved by Ext.P8 order, the petitioners have

preferred Ext.P10 memorandum of appeal under Rule 5(5) of

the Debts Recovery Tribunal (Procedure) Rules, 1993. The

petitioners state that the DRT heard Ext.P10 appeal on

14.11.2023 and orders are reserved. In the meanwhile,

respondents are rushing to take over the property of the

petitioners.

5. Standing Counsel entered appearance and resisted

the writ petition. The Standing Counsel denied all the OP (DRT) NO.483 OF 2023

allegations made by the petitioners in the writ petition. On

behalf of the respondents, it is pointed out that the petitioners

are basically challenging an order of the Chief Judicial

Magistrate Court, Thrissur, which deals with taking over

possession of the secured property of the petitioners situated

in Thrissur District. Therefore, the petitioners ought to have

filed an S.A. in a Tribunal having jurisdiction over the area.

Having not been done so, the petitioners cannot aspire to get

any order from this Court in this O.P (DRT). The Standing

Counsel pointed out that huge amounts are due from the

petitioners and the present litigation is only an attempt to

prolong repayment/recovery of money due from the

petitioners.

6. I have heard the learned counsel for the petitioners

and the learned Standing Counsel representing the Bank.

7. Evidently, an order has been passed by the Chief

Judicial Magistrate Court, Thrissur (Ext.P8) in respect of one OP (DRT) NO.483 OF 2023

item of property given as security by the petitioners. When the

petitioners challenge the recovery proceedings initiated by the

Bank, necessarily the petitioners may have to challenge

proceedings in respect of all the four items of properties given

as security. Admittedly, three items of properties would fall

within the territorial jurisdictional limit of DRT-1, Ernakulam.

Nevertheless, the Registrar of DRT has declined to number

the appeal of the petitioners on the ground that one of the

properties is situated within the limits of Thrissur.

8. The petitioners have filed Ext.P10 statutory appeal,

against the order of the Registrar, which has been heard and

reserved for orders by the Tribunal. As the petitioners have

invoked their statutory remedy and the matter has been heard

by the DRT, it would be only just and proper that coercive

proceeding pursuant to Ext.P8 shall stand deferred till the DRT

passes orders on the appeal.

OP (DRT) NO.483 OF 2023

In the circumstances, the O.P (DRT) is disposed of

directing the DRT to pass and issue orders on Ext.P10 appeal

within a period of two weeks from today. Any coercive

proceedings pursuant to Ext.P8 shall stand deferred till then.

Sd/-

N.NAGARESH JUDGE hmh OP (DRT) NO.483 OF 2023

APPENDIX OF OP (DRT) 483/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF S.A. (WITHOUT ANNEXURES) FILED WITH I.D.NO.17091/2023 DATED 06/11/2023 BY THE PETITIONERS Exhibit P2 TURE COPY OF DEMAND NOTICE DATED 17/03/2023 ISSUED UNDER SECTION 13(2). Exhibit P3 TURE COPY OF POSSESSION NOTICE DATED 03/06/2023 UNDER SECTION 13(4).

Exhibit P4 TRUE COPY OF POSSESSION NOTICE DATED 06/06/2023.

Exhibit P5 TRUE COPY OF POSSESSION NOTICE DATED 06/06/2023.

Exhibit P6 TRUE COPY OF SECTION 14 APPLICATION ON THE FILE OF CJM COURT, THRISSUR DATED 30/8/23 Exhibit P7 TRUE COPY OF NOTICE DATED 19/10/2023 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CJM COURT, THRISSUR. Exhibit P8 TRUE COPY OF SECTION 14 ORDER IN CRL.M.P.NO.8060/2023 ON THE FILE OF CJM COURT, THRISSUR DATED 20/9/23 Exhibit P9 TRUE COPY OF ORDER DATED 10/11/2023 PASSED BY 1ST RESPONDENT UNDER SUB-RULE (4) OF RULE 4 OF THE DEBTS RECOVERY TRIBUNAL (PROCEDURE) RULES, 1993 IN UNREGISTERED SECURITISATION APPLICATION I.D NO.17091/2023.

Exhibit P10 TRUE COPY OF APPEAL NO.7/2023 FILED BY THE PETITIONERS BEFORE HON'BLE DEBT RECOVERY TRIBUNAL-1, ERNAKULAM. DATED 13/11/23