Kerala High Court
Rosamma Tony vs South Indian Bank on 30 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
OP (DRT) NO. 350 OF 2023
AGAINST SA 23/2023 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONER:
ROSAMMA TONY, AGED 57 YEARS
W/O. TONY T.A, THADIKARAN HOUSE,
EDATHURUTHY P.O., THRISSUR DISTRICT, PIN - 680703
BY ADVS.
R.SURAJ KUMAR
SUNIL J.CHAKKALACKAL
ANJANA R.S.
SNEHA RAVEENDRAN
RESPONDENTS:
1 SOUTH INDIAN BANK
REGD. OFFICE AT SIB HOUSE, T.B. ROAD,
MISSION QUARTERS, THRISSUR, PIN - 680001
2 THE CHIEF MANAGER AND AUTHORIZED OFFICER
SOUTH INDIAN BANK LTD., REGIONAL OFFICE, A.K.P. CENTRE,
CHRIST COLLEGE ROAD, CHRIST NAGAR, IRIGALAKKUDA,
THRISSUR DISTRICT, PIN - 680125
3 THE BRANCH MANAGER
SOUTH INDIAN BANK LTD., KATTOOR BRANCH, ANNA KARIYA
BUILDING, OPP. BUS STAND, KATTOOR P.O.,
THRISSUR, PIN - 680702
BY ADVS.
Mohan Jacob George
P.V.PARVATHY (P-41)(K/000036/1991)
REENA THOMAS(R-364)
NIGI GEORGE(K/1169/2012)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 350 OF 2023 2
K.BABU, J
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O.P(DRT) No.350 of 2023
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Dated this the 30th day of September, 2023
J U D G M E N T
The prayers in this Original Petition are as follows:
"i)Direct the Debts Recovery Tribunal II, Ernakulam to
consider and pass orders on Exhibits P10 and P11
applications within a time frame fixed by this Hon'ble
Court.
ii) Order all coercive proceedings against the
secured assets be kept in abeyance.
iii) Such other reliefs that this Hon'ble Court may
deem fit and proper in the nature and
circumstances of the case."
2. Heard both sides.
3. Ext.P10 is an application to appoint an Advocate
Commissioner to ascertain the nature of the land as one of the
contentions raised is that the property mortgaged is an agricultural
land and that petitioner is entitled to the protection contained in
Section 31(i) of the SARFAESI Act.
4. Having regard to the nature of the challenges raised by the
petitioner before the Tribunal, there shall be a direction to the Tribunal
to consider Ext.P10 in accordance with law, after hearing both sides,
within a period of one month from the date of production of a certified
copy of this judgment. It is made clear that this Court has not made any
observation in the merit of the contentions.
The Original Petition is disposed of as above.
K.BABU
JUDGE
ab
APPENDIX OF OP (DRT) 350/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE NO.BR0033/GEN/8
DATED 07/06/2022 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE LETTER DATED 10/06/2022
SENT BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P3 TRUE COPY OF THE REPLY NOTICE DATED
09/09/2022 SENT BY THE PETITIONER THROUGH
LAWYER TO RESPONDENT BANK
Exhibit P4 TRUE COPY OF THE STATEMENT OF ACCOUNT OF
LOAN ACCOUNT NO.0033656000000078 INR FROM
01-06-2015 TO 30-03-2021
Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE AGRICULTURAL OFFICER, KRISHIBHAVAN,
EDATHIRUTHI DATED 02-12 2022 TO THE
PETITIONER
Exhibit P6 TRUE COPY OF THE LAND TAX PAID RECEIPT OF
THE SCHEDULED PROPERTIES FOR THE YEAR
2022-23 DATED 05-07-2022 OF EDATHIRUTHI
VILLAGE OFFICE IN FAVOUR OF THE
PETITIONER
Exhibit P7 TRUE COPY OF THE ENGLISH TRANSLATION OF
LAND TAX PAID RECEIPT OF THE SCHEDULED
PROPERTIES FOR THE YEAR 2022-23 DATED 05-
07-2022 OF EDATHIRUTHI VILLAGE OFFICE IN
FAVOUR OF THE PETITIONER
Exhibit P8 TRUE COPY OF THE POSSESSION NOTICE DATED
29/09/2022 RECEIVED BY THE PETITIONER ON
03/10/2022
Exhibit P9 TRUE COPY OF THE EXTRACT OF THE ORDERS IN
I.A. NO. 170/2023 IN S.A.NO. 23/2023 ON
THE FILE OF THE DEBTS RECOVERY TRIBUNAL
Exhibit P10 TRUE COPY OF THE APPLICATION I.A.NO. 2647
OF 2023 DATED 08.08.2023 IN S.A.NO.
23/2023 ON THE FILE OF THE DEBTS RECOVERY
TRIBUNAL
Exhibit P11 TRUE COPY OF THE APPLICATION I.A.NO. 2646
OF 2023 IN S.A.NO. 23 OF 2023 ON THE FILE
OF THE DEBTS RECOVERY TRIBUNAL
