Kerala High Court
Paul Jose vs Idukki District Co-Operative Bank Ltd. ... on 30 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
WA NO. 617 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 11.4.2024 IN IA 1/2024 IN WP(C)
NO.8614 OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/APPLICANTS/PETITIONERS:
1 PAUL JOSE
AGED 47 YEARS
S/O. JOSE KUTTIYANI,
KUTTIYANIKKAL HOUSE, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685581.
2 MANOJ JOSE
AGED 52 YEARS
S/O. JOSE KUTTIYANI, KUTTIYANIKKAL HOUSE, THODUPUZHA,
IDUKKI DISTRICT REPRESENTED BY POWER OF ATTORNEY
HOLDER, JOSE KUTTIYANI, S/O. JOSEPH, AGED 85 YEARS,
KUTTIYANIKKAL HOUSE, THODUPUZHA P.O, IDUKKI DISTRICT,
PIN - 685581
3 MAJU JOSE
AGED 54 YEARS
S/O. JOSE KUTTIYANI, KUTTIYANI HOUSE, THODUPUZHA P.O,
IDUKKI DISTRICT, PIN - 685581
4 JOSE KUTTIYANI
AGED 85 YEARS
S/O. JOSEPH, KUTTIYANIKKAL HOUSE, THODUPUZHA P.O,
IDUKKI DISTRICT, PIN - 685581
BY ADV P.V.BABY
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 IDUKKI DISTRICT CO-OPERATIVE BANK LTD. 4334
REP: BY ITS DEPUTY GENERAL MANAGER,
IDUKKI DISTRICT CO-OPERATIVE BANK LTD,
IDUKKI P.O, IDUKKI DISTRICT,
PIN - 685603.
WA NO. 617 OF 2024 -2-
2 KERALA STATE CO-OPERATIVE BANK LTD. (KERALA
BANK)
CHERUTHONI, IDUKKI, REPRESENTED BY ITS
MANAGER-, PIN - 685602
3 AUTHORIZED OFFICER, UNDER THE SARFAESI ACT
IDUKKI DISTRICT CO-OPERATIVE BANK LTD, IDUKKI
COLONY P.O, PIN - 685602
4 AUTHORIZED OFFICER, UNDER THE SARFAESI ACT
KERALA STATE CO-OPERATIVE BANK LTD, IDUKKI
COLONY P.O, PIN - 685602
BY ADV.GILBERT GEORGE CORREYA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 617 OF 2024 -3-
JUDGMENT
EASWARAN S., J.
The above appeal is directed against the order dated
11.4.2024 in I.A.No.1 of 2024 arising in Writ Petition (C)
No.8614 of 2024. As per the judgment dated 05.03.2024,
the learned Single Judge had relegated the petitioners to
move the Debt Recovery Tribunal by filing an application
under Section 17 of the SARFAESI Act, within a period of
one month. The period spent before the writ court was
directed to be excluded while computing the period of
limitation. Thereafter, the petitioners/appellants filed
I.A.No.1 of 2024 which was dismissed on 11.04.2024,
since the learned Single Judge was not inclined to accept
the reasons stated in the affidavit in support of the I.A.
Being aggrieved by the aforesaid order that the
petitioners/appellants are before this Court.
2. We have heard Sri.P.V.Baby, learned counsel
appearing for the petitioners and Gilbert George Correya,
learned counsel appearing for the respondents.
3. Learned counsel for the petitioners sought only
one week time to move before the Tribunal which the
learned counsel for the respondents did not oppose.
In view of the peculiar facts and circumstances of
the case and without going into the merits of the matter,
we deem it appropriate to grant one week time from
today enabling the petitioners/appellants to move the
Debt Recovery Tribunal. If such application is filed, the
same shall be considered in accordance with law and all
other terms in judgment dated 05.03.2024 will stand
unaltered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
EASWARAN S.
JUDGE
vv
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 16/4/2024 ISSUED FROM THE
MALANKARA ORTHODOX SYRIAN CHURCH
MEDICAL MISSION HOSPITAL, KOLLENCHERRY
Annexure A2 TRUE COPY OF THE MEDICAL CERTIFICATE
OF KATHERINE PAUL, DATED 18/4/2024
ISSUED FROM THE HOLY FAMILY HOSPITAL,
TO MUTHALAKODAM, THODUPUZHA.
Annexure A3 TRUE COPY OF THE MEDICAL CERTIFICATE
OF JOHN PAUL DATED 18/4/2024 ISSUED
FROM THE HOLY FAMILY HOSPITAL,
MUTHALAKODAM, THODUPUZHA.
