Muhammed Bukhari vs Debt Recovery Tribunal - 1
2023 Latest Caselaw 11051 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. 414 OF 2023
   AGAINST THE ORDER/JUDGMENT SA 478/2023 OF DEBT RECOVERY
                       TRIBUNAL, ERNAKULAM
PETITIONER:

          MUHAMMED BUKHARI
          AGED 39 YEARS
          THAYYIL HOUSE, ATHAVANAD P.O.,
          MALAPPURAM DISTRICT - 676 301
          CURRENTLY RESIDING AT E 801,
          GODREJ AVENUES, SINGANAYAKANA HALLY,
          ELAHANGA,BANGALORE., PIN - 560064.

          BY ADVS.
          S.BIJU (KIZHAKKANELA)
          JOHNSON GOMEZ
          SANJAY JOHNSON
          JOHN GOMEZ
          ANN MARIA SEBASTIAN
          ARUN JOHNY
          ABIN JACOB MATHEW
          DEEBU R.
          KRISHNADEV K.
          ARAVIND PRAKASH
          ACHUTH KRISHNAN R.
          NIDHIN KRISHNA


RESPONDENTS:

    1     DEBT RECOVERY TRIBUNAL - 1,
          REPRESENTED BY ITS REGISTRAR GENERAL,
          5TH FLOOR, KERALA STATE HOUSING BOARD,
          PANAMPILLY NAGAR, ERNAKULAM,
          KERALA, PIN - 682036.

    2     THE TIRUR URBAN COOPERATIVE BANK LTD.
          F. 1818, HEAD OFFICE, TIRUR, MALAPPURAM,
          REPRESENTED BY ITS ASSISTANT GENERAL
          MANAGER/AUTHORIZED OFFICER, PIN - 676101.
 OP(DRT)No.414 of 2023

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    3    AUTHORIZED OFFICER
         THE TIRUR URBAN COOPERATIVE BANK LTD.
         F. 1818 HEAD OFFICE, TIRUR,
         MALAPPURAM., PIN - 676101.

    4    GALLOPERS ENTERPRISES PVT. LTD.
         PUTHENATHANI, DOOR NO. 22/1605,
         PUTHENATHANI, PUNNATHALA P.O.,
         MALAPPURAM DISTRICT., PIN - 676552.

    5    ABDUL HAFEEZ
         S/O. ABDUL SAMAD,
         KILIYAMPARAMBIL HOUSE, PUTHEN ATHANI,
         PUNNATHALA P.O., MALAPPURAM - 676552.

    6    SHARAFUDDIN
         THEYYAMPATIL JEWLERY, PUTHEN ATHANI,
         KALPAKANJERI P.O., PUNNATHALA - 676582.

     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.414 of 2023

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                             JUDGMENT

Dated this the 26th day of October, 2023

The petitioner was a Guarantor to a loan obtained by

respondents 4 and 5. When the loan repayment was defaulted,

coercive proceedings were taken and the property of the

petitioner was sold in auction. The 6 th respondent is the auction

purchaser.

2. The petitioner, aggrieved by those proceedings filed

Ext.P1 S.A.No.478 of 2023. I.A.No.3282 of 2023 was filed

seeking interim direction to maintain status quo as regards the

property in question. The Debt Recovery Tribunal has not passed

any orders in the I.A. The petitioner would submit that the 6 th

respondent is trying to further alienate the property. If the property OP(DRT)No.414 of 2023

is so alienated, the petitioner will be put to untold hardship and

loss.

3. When this original petition came up on 09.10.2023, this

Court passed an interim order to the following effect:

"The Registry shall obtain a report from the Debts Recovery Tribunal-1, Ernakulam on the time required for the disposal of Ext.P2 and Ext.P3 applications in S.A.No.478/2023.

2. Post on 26.10.2023.

Parties are directed to maintain status quo on the subject matter till the next posting date."

4. Heard.

5. As the interim application seeking maintenance of

status quo filed by the petitioner is pending before the Debt

Recovery Tribunal, it would be only appropriate and it would be

only in the interest of justice that the Debt Recovery Tribunal

passes appropriate orders thereon within a reasonable time.

The Original Petition is therefore disposed of directing the

Debt Recovery Tribunal-I, Ernakulam to dispose of Ext.P3 OP(DRT)No.414 of 2023

I.A.No.3282 of 2023 and pass appropriate order thereon, within a

period of three weeks. The benefit of the interim order passed by

this Court on 09.10.2023 will continue to enure to the benefit of

the petitioner till the Debt Recovery Tribunal passes orders on

Ext.P3 I.A.

Sd/-

N. NAGARESH JUDGE ams OP(DRT)No.414 of 2023

APPENDIX OF OP (DRT) 414/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SA NO. 478/2023 DATED 06-09-2023 ON THE FILE OF DEBT RECOVERY TRIBUNAL ERNAKULAM - 1 Exhibit P2 A TRUE COPY OF IA NO. 3281/2023 IN SA NO. 478/2023 DATED 24-09-2023 Exhibit P3 A TRUE COPY OF IA NO. 3282/2023 IN SA NO. 478/2023 DATED 24-09-2023 Exhibit P4 A TRUE COPY OF IA NO. 3283/2023 IN SA NO. 478/2023 DATED 24-09-2023