Ummer T.A vs The Authorized Officer
2023 Latest Caselaw 10974 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                    OP (DRT) NO. 444 OF 2023
        AGAINST THE ORDER/JUDGMENT IN SA 309/2023 OF
               DEBT RECOVERY TRIBUNAL-I, ERNAKULAM
PETITIONERS/APPLICANTS:

    1     UMMER T.A, AGED 51 YEARS
          S/O.ALI THARAMATTATHIL HOUSE, PINARMUNDA
          PERINGALA, ERNAKULAM, PIN - 683565
    2     SIDDIQUE, AGED 46 YEARS
          S/O.ALI, THARAMATTATHIL HOUSE, PINARMUNDA
          PERINGALA, ERNAKULAM, PIN - 683565

          BY ADVS.
          N.SASI
          RASMI NAIR T.
RESPONDENTS:

    1     THE AUTHORIZED OFFICER
          SOUTH INDIAN BANK LTD., DOOR NO.215, ALUVA
          CHITRAPUZHA ROAD, OPP.ST.MARY'S CATHEDRAL,
          KUMARAPURAM P.O PALLIKKARA,
          ERNAKULAM, PIN - 683565
    2     THE AUTHORISED OFFICER
          SOUTH INDIAN BANK LTD., REGIONAL OFFICE,
          ERNAKULAM, SIB BUILDING, INFO PARK ROAD,
          RAJAGIRI VALLEY P.O., KAKKANAD, PIN - 682039
    3     DEBT RECOVERY TRIBUNAL I ERNAKULAM,
          1 ST FLOOR, KSHB BUILDINGS, PANAMPILLY NAGAR,
          KADAVANTHRA, ERNAKULAM, PIN - 682036

          SRI.JOMY GEORGE-R1 AND R2

     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 OP (DRT) NO.444 of 2023


                                 2




                           JUDGMENT

Dated this the 26th day of October, 2023

This Original Petition has been filed by the petitioners

seeking to direct the 3rd respondent to issue a free copy of

order dated 19.10.2023 in Ext.P2-SA and to keep in abeyance

all recovery proceedings till then, in the interest of justice.

2. The petitioners would urge that unless a certified

copy of the order is received, the petitioners will not be in a

position to prefer a statutory appeal before the Debts

Recovery Appellate Tribunal. It is in such circumstances that

the petitioners have filed this Original Petition.

3. When this original petition came up for hearing

today, counsel for the petitioners submitted that the petitioners

have received a certified copy from the Debt Recovery

Tribunal and the petitioners may be granted a breathing time OP (DRT) NO.444 of 2023

to prefer a statutory appeal before the Debts Recovery

Appellate Tribunal.

4. Standing Counsel entered appearance on behalf of

respondents 1 and 2 and resisted the Original Petition. The

Standing Counsel submitted that the petitioners cannot be

granted more than a week time to prefer an appeal, taking into

consideration the facts of the case and the conduct of the

petitioners.

5. Heard.

6. As the petitioners have received a certified copy of

the order of the DRT, it would be only proper that the

petitioners are granted a breathing time to prefer an appeal

before the DRAT.

The Original Petition is therefore disposed of granting

the petitioners three weeks time to approach the Debts

Recovery Appellate Tribunal and to obtain any interim or final OP (DRT) NO.444 of 2023

orders as the case may be. Any coercive proceedings against

the petitioners shall stand deferred for a period of three weeks

from today.

Sd/-

N.NAGARESH JUDGE spk OP (DRT) NO.444 of 2023

APPENDIX OF OP (DRT) 444/2023

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 7.6.2021 Exhibit P2 TRUE COPY OF SA WITHOUT ANNEXURES FILED BY THE PETITIONERS BEFORE THE DEBT RECOVERY TRIBUNAL NO. I, ERNAKULAM Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 3.07.2023 FILED BY THE RESPONDENTS 1 & 2 WITHOUT ANNEXTURES WITHOUT ANNEXURES