Kerala High Court
The South Indian Bank Limited vs The Registrar Drt-1 Ernakulam on 5 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 13998 OF 2024
PETITIONER:
THE SOUTH INDIAN BANK LIMITED
DRT CELL, SECOND FLOOR, SIB BUILDING,
MARKET ROAD, ERNAKULAM,
REPRESENTED BY ITS CHIEF MANAGER., PIN - 682011
BY ADVS.
MOHAN JACOB GEORGE
P.V.PARVATHY (P-41)
REENA THOMAS
NIGI GEORGE
ANANTHU V.LAL
HARISHANKAR S.
RESPONDENTS:
1 THE REGISTRAR DRT-1 ERNAKULAM, HOUSING BUILDING,
5 TH FLOOR, PANAMPALLY NAGAR, ERNAKULAM,
COCHIN, PIN - 682036
2 UNION OF INDIA, MINISTRY OF FINANCE,
DEPARTMENT OF ECONOMIC AFFAIRS,
BOARD OF INDUSTRIAL AND FINANCIAL RECONSTRUCTION,
JAWAHAR VYAPARBHAWAN, 1, TOLSTOY MARG, NEW DELHI,
REPRESENTED BY ITS SECRETARY., PIN - 110001
3 M/S. ATLAS JEWELLERY PVT. LTD,
XI/305 H, OPP. CIAL, VAPPALASSERY,
NEDUMBASSERY, KOCHI, PIN - 683572
REP. BY ITS MANAGING DIRECTOR.
BY ADV SRI.T.C. KRISHNA, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.13998 of 2024
2
JUDGMENT
Dated this the 5th day of April, 2024
The petitioner-Bank had filed O.A. No.40 of 2016 before
the Debts Recovery Tribunal-II, Ernakulam against the
3rd respondent and five others. The 3rd respondent is the
principal borrower and other defendants are guarantors to the
financial facilities availed by the 3rd respondent.
2. The petitioner-Bank by Ext.P2 petition sought for
an inspection and take inventory of the Safe Deposit Records
(SIB, Edapally Branch-Locker Nos.178, 181, 182 and 245),
SIB, Trivandrum NRI Branch-Locker No.149 and SIB,
Avinashi Road, Coimbatore-Locker No.74). By Ext.P3 order
in I.A. No.516 of 2016, the Debts Recovery Tribunal-II,
Ernakulam had appointed Advocate Commissioner to carry
out inspection of Jewellery kept in lockers.
3. In the meanwhile, the 2nd respondent as per
notification No.4717(E) dated 04.10.2002, had constituted the
Debts Recovery Tribunal-I, Chennai to try and dispose of the
cases pertaining to recovery of claims above ₹100 Crores.
Accordingly, Ext.P1 OA was transferred from Debts Recovery
Tribunal-II, Ernakulam and taken on file as T.A. No.18 of 2023
by the Debts Recovery Tribunal-I, Chennai.
4. However, this Court as per order dated 02.12.2022
in W.P.(C) No.38962 of 2022, had stayed the operation of the
above notification issued by the State Government and
accordingly, the OA is not being proceeded with by the Debts
Recovery Tribunal-I, Chennai. However, the files pertaining to
the above OA stands already transferred to the Debts
Recovery Tribunal-I, Chennai.
5. Pursuant to Ext.P3 order, the Advocate
Commissioner had deposited the keys pertaining to the
lockers mentioned in Ext.P2 branches of the petitioner-Bank
before the 1st respondent. The aforesaid keys of the lockers
cannot be used or re-issued by the petitioner without the
return of the aforesaid keys. The petitioner is unable to move
the Debts Recovery Tribunal-I, Chennai consequent to Ext.P6
order and is unable to move the Debts Recovery Tribunal-II,
Ernakulam as there is no records pertaining to the case
available. Hence, the petitioner is before this Court.
6. I have heard the learned counsel for the petitioner
and the learned Senior Panel Counsel in charge of the office
of the Deputy Solicitor General of India.
7. The limited prayer of the petitioner is to release the
lockers previously given to the 3rd respondent, so that the
lockers can be re-issued to other eligible customers. It is
evident from the pleadings that the materials deposited in the
lockers leased out to the 3rd respondent were sold by the Bank
pursuant to the orders of the Debts Recovery Tribunal through
the Advocate Commissioner appointed by the Tribunal. The
lockers are therefore empty. It is submitted that the
3rd respondent is not functioning now and is not carrying over
any business.
8. In such circumstances, I find that neither the
petitioner nor the 3rd respondent will be benefitted by keeping
the lockers idle for an indefinite period, till the DRT
proceedings are over. It will not be in the balance of
convenience and therefore, the situation demands that the
keys of the lockers be released to the petitioner-Bank so that
the lockers can be leased out to eligible customers.
The writ petition is therefore disposed of directing the
Registrar, Debts Recovery Tribunal-II, Ernakulam, to release
the keys of the lockers leased out to the 3 rd respondent-Bank,
at the earliest, in the interest of justice.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF WP(C) 13998/2024
PETITIONER EXHIBITS
Exhibit P-1 COPY OF THE RELEVANT PORTION OF THE
O.A.NO.40/2016 (PRESENTLY RENUMBERED
AS T.A.NO.18/2023 BEFORE DRT-I,
CHENNAI)
Exhibit P-2 COPY OF THE I.A.NO.254/2016 IN
Exhibit P-3 COPY OF THE ORDER DATED 03.03.2016 IN
I.A. NO.516/2016 IN O.A.NO.40/2016
Exhibit P-4 COPY OF THE MEMO DATED 29.05.2018
FILED IN O.A.NO.40/2016 BEFORE DRT-II,
Exhibit P-5 COPY OF THE NOTIFICATION NO.4717(E)
DATED 04.10.2002
Exhibit P-6 COPY OF THE ORDER DATED 02.12.2022 IN
W.P.(C) NO.38962/2022 OF HON'BLE HIGH
COURT OF KERALA
