Kerala High Court
Anisath Abdul Kareem vs Housing Development Finance ... on 3 April, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA,
1946
OP (DRT) NO. 91 OF 2024
PETITIONER/S:
P.V ABDUL AZEES, AGED 58 YEARS, S/O. ABUBEKKAR
HAJI, KURIKKATHODIYIL HOUSE, RAROTH AMSOM,
VEZHUPUR DESOM, THAMARASSERY P.O, KOZHIKODE, PIN
- 673573
BY ADVS.
T.D.SUSMITH KUMAR
T.O.DEEPA
SREEJITH CHEROTE
JAYKAR.K.S.
C.SIVADAS
RESPONDENT/S:
1 HOUSING DEVELOPMENT FINANCE CORPORATION BANK
LIMITED, (ERSTWHILE, HOUSING DEVELOPMENT FINANCE
CORPORATION LIMITED.) 1ST FLOOR, DANA CENTRE,
MIDDLE HILL, MALAPPURAM. REPRESENTED BY
AUTHORIZED OFFICER/BRANCH MANAGER - 676505
2 ABDUL KAREEM P.V, AGED 53 YEARS
S/O. ABUBEKKAR HAJI, KURIKKATHODIYIL HOUSE,
RAROTH AMSOM, VEZHUPUR DESOM, THAMARASSERY P.O,
KOZHIKODE, PIN - 673573
BY ADVS.
Ambily S, RUPA R. NAIR(K/001021/2023)
RUBAN JOE TONIYO(K/002926/2022)
MATHEW JOSEPH BALUMMEL(K/001219/2019)
K.K.CHANDRAN PILLAI (SR.)(C-41)
THIS OP (DRT) HAVING COME UP FOR ADMISSION ON 03.04.2024,
ALONG WITH OP (DRT).93/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P(DRT) Nos.91/2024 & 93/2024 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP (DRT) NO. 93 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN SA NO.155 OF 2021 OF
DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER:
ANISATH ABDUL KAREEM, AGED 49 YEARS
W/O ABDUL KAREEM P.V, PUTHEN VEEDU, THAMARASSERY
P.O., KOZHIKODE DISTRICT,, PIN - 673573
BY ADVS.
BINOY VASUDEVAN
SREEJITH SREENATH
RINCY KHADER
RESPONDENTS:
HOUSING DEVELOPMENT FINANCE CORPORATION LTD.,
HDFC HOUSE, M.G.ROAD, ERNAKULAM, REPRESENTED BY
ITS AUTHORIZED OFFICER/ BRANCH MANAGER,
MALAPPURAM BRANCH., PIN - 682015
BY ADVS.
Ambily S
RUPA R. NAIR(K/001021/2023)
RUBAN JOE TONIYO(K/002926/2022)
MATHEW JOSEPH BALUMMEL(K/001219/2019)
K.K.CHANDRAN PILLAI (SR.)(C-41)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 03.04.2024, ALONG WITH OP (DRT).91/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(DRT) Nos.91/2024 & 93/2024 3
N. NAGARESH, J.
----------------------------
O.P(DRT) Nos.91 and 93 of 2024
--------------------------------------------------
Dated this the 3rd day of April, 2024
JUDGMENT
The petitioner in O.P(DRT) No.91/2024 claimed interest
over the secured asset sought to be taken over by the first
respondent/Housing Development Finance Corporation Bank
Limited and sought the following reliefs:
i) to direct the Debt Recovery Tribunal-l, Ernakulam,
for the expeditious and time bound disposal of IA No.
787 of 2024 in S.A No.153 of 2024 on the file of the
Debt Recovery Tribunal-l, Ernakulam (Exhibit P-4).
ii) to dispense with filing of the translation of
vernacular documents.
iii) and also, to pass any other order or orders which
are deemed fit and proper in the facts and
circumstances of the case.
The petitioner in O.P(DRT).No.93/2024 is seeking the following
reliefs:
I. To issue a direction to the Debt Recovery Tribunal-I,
Ernakulam to pass orders in I.A. No.772/2024 as
expeditiously as possible at any rate within a time frame
to be fixed by this Hon'ble Court in the interest of
justice;
II. To issue a direction to the respondents to keep in
abeyance all coercive proceedings including
dispossession from the secured asset pursuant to
Exhibit P-5 in the interest of justice.
III. Render such other orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of
the case.
IV. To dispense with the production of English
Translation of Malayalam Exhibits produced along with
the Original Petition (DRT) in the interest of justice.
2. When these matters are taken up for hearing today,
the counsel on either side submitted that during the pendency
of these Original Petitions, there was a settlement between the
parties.
3. The statement filed by the first respondent-Bank
reads as follows:
'Possession was scheduled on 27.02.2024 and
when the Advocate Commissioner accompanied by the
Authorized Officer etc. went for taking possession, the
borrower was also there and the borrower had agreed to
pay the full amount on One Time Settlement basis. The
respondent had agreed to settle the loan account on
payment of Rs. 1,50,00,000/- in 6 monthly installments. Of
the above, he had paid Rs.25,00,000/- from the account of
one of his friends through RTGS transfer on 27.02.2024
itself. The said amount is received by the respondent. The
balance receivable as per the OTS is Rs. 1,25,00,000/-
which is agreed to be paid in 5 equal monthly installments
starting from March 2024. The husband of the petitioner
had given a letter stating the above facts. This is accepted
by the respondent.'
4. The Standing Counsel representing the Bank
submits that the petitioner has remitted two installments
pursuant to the One Time Settlement indicated above. These
Original Petitions can be disposed of in the light of the
settlement now arrived at.
In the facts of the case, the Original Petitions are
disposed of directing that if the petitioners adhere to the
settlement as referred to above and continue to pay the four
remaining installments within the stipulated time, the
proceedings in C.M.P.No.2590/2023 in M.C.No.361/2019 of the
Court of the Chief Judicial Magistrate, Kozhikode shall stand
deferred. If the petitioners commit any default, the first
respondent and the Chief Judicial Magistrate's Court will be at
liberty to proceed against the petitioners in accordance with
law.
Sd/-
N.NAGARESH
JUDGE
Sbna/
APPENDIX OF OP (DRT) 93/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 24-12-
2019 IN W.P.(C) 35817/2019
Exhibit P1 (a) TRUE COPY OF THE S.A.NO.155/2021
WITHOUT ANNEXURES DATED 30-12-2020
Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF DRT-III
CHENNAI WHO WAS HOLDING THE ADDITIONAL
CHARGE OF DRT-I, ERNAKULAM DATED 18-08-
Exhibit P3 THE INTERIM ORDER DATED 04-03-2022 IN
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED
31-03-2022 IN O.P.(DRT) NO.162/2021
Exhibit P5 TRUE COPY OF THE POSSESSION NOTICE
ISSUED BY THE ADVOCATE COMMISSIONER
DATED 12-02-2024
Exhibit P6 TRUE COPY OF I.A.NO.771/2024 DATED 21-
2-2024
Exhibit P7 TRUE COPY OF I.A.NO.772/2024 DATED 21-
2-2024
Exhibit P8 TRUE COPY OF THE OBJECTION PREFERRED TO
I.A.NO.771/2024 DATED 26-02-2024
Exhibit P9 TRUE COPY OF THE OBJECTION PREFERRED TO
I.A.NO.772/2024 DATED 26-02-2024
Exhibit P10 TRUE COPY OF THE PROCEEDINGS OF THE
TRIBUNAL DATED 26-02-2024
APPENDIX OF OP (DRT) 91/2024
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE JUDGEMENT DATED
11/08/2023 IN OS NO. 48 OF 2021 ON THE
FILE OF THE MUNSIFF-MAGISTRATE COURT,
THAMARASSERY, DOWNLOADED FROM THE
OFFICIAL WEBSITE OF E-COURT SERVICES
Exhibit P-2 A TRUE COPY OF THE NOTICE DATED
12/02/2024 ISSUED BY THE ADVOCATE
COMMISSIONER
Exhibit P-3 A TRUE COPY OF THE APPLICATION DATED
21/02/2024, S.A NO. 153 OF 2024 ON THE
FILE OF THE DEBT RECOVERY TRIBUNAL-I,
ERNAKULAM
Exhibit P-4 A TRUE COPY OF THE PETITION, IA NO. 787
OF 2024 IN S.A NO. 153 OF 2024 ON THE
FILE OF THE DEBT RECOVERY TRIBUNAL-I,
ERNAKULAM
