Kerala High Court
Baby John vs H.D.F.C Bank Ltd 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. 140 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 12.03.2024 IN SA NO.197 OF
2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONERS/APPLICANT:
1 BABY JOHN
AGED 67 YEARS
KIZHAKKEBHAGATHU HOUSE,
KADAVOOR P.O,MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686671
2 LUCY BABY
AGED 61 YEARS
KIZHAKKEBHAGATHU HOUSE,
KADAVOOR P.O, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686671
BY ADVS.
AJEESH S.BRITE
FRANCIS ASSISI
ARUNDHATHI J. NAIR
RESPONDENT/DEFENDANT:
H.D.F.C BANK LTD
THODUPUZHA BRANCH KANDIRICKAL BUILDING,
OLIVER CASTLE, NEAR MUNDAMATTOM FUELS,
VENGALLOOR, THODUPUZHA IDUKKI DISTRICT
REPRESENTED BY ITS MANAGER, PIN - 685584
BY ADV SRI.PREMCHAND M
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(DRT) No.140 of 2024
2
JUDGMENT
Dated this the 3rd day of April, 2024
The petitioners seek a breathing time to move the Debts
Recovery Appellate Tribunal against Ext.P3 order of the Debts
Recovery Tribunal-I, Ernakulam. The counsel for the
petitioners submits that physical possession of the land of the
petitioners has already been taken over by the Bank and what
is remaining is only a residential property.
2. Standing Counsel for the Bank opposed the
O.P(DRT) and submitted that the petitioners have earlier
approached this Court filing O.P(DRT) No.119 of 2024 and
this Court as per Ext.P4 judgment had deferred the
proceedings for two weeks so as to enable the petitioners to
approach the Debts Recovery Appellate Tribunal against
Ext.P3 order. This Court has made it clear that the petitioners
will not be granted any further time in this regard.
3. The pleadings would show that the judgment was
delivered on 15.03.2024. The petitioners had applied for
Certified copy of Ext.P3 order of the Debts Recovery Tribunal.
The Certified copy was ready only on 27.03.2024. The
petitioners took delivery of that order on 27.03.2024 itself.
According to the petitioners, 28.03.2024 and 29.03.2024 were
holidays. On 31.03.2024 itself, the petitioners have uploaded
the appeal. The Debts Recovery Appellate Tribunal will take
at least two weeks time to process and post the matter before
the Bench. Therefore, unless the time granted is extended by
a further period of two weeks, the petitioners will be put to
untold hardship and loss. The petitioners submit that if they
get 45 days time, the entire outstanding amount can be
cleared.
4. I have heard the counsel for the petitioners and the
Standing Counsel representing the respondents.
5. It is true that O.P(DRT) No.119 of 2024 was
disposed of directing the respondent to defer coercive
proceedings against the petitioners for a period of two weeks
and it was also stated that the petitioners will not be granted
any further time in this regard. However, the pleadings would
indicate that the petitioners received a Certified copy of Ext.P3
order only on 27.03.2024 and the appeal was uploaded on
31.03.2024.
In the circumstances, I am of the view that the
petitioners shall be granted two more weeks' time to move the
Debts Recovery Appellate Tribunal in the interest of justice.
The OP(DRT) is therefore disposed of directing that coercive
proceedings against the petitioners shall stand deferred for a
further period of two weeks from today.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF OP (DRT) 140/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER ISSUED BY THE
LEARNED ADDL. CHIEF JUDICIAL
MAGISTRATE COURT AT ERNAKULAM IN M.C.
Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED 12.02.2024
IS PRODUCED HEREIN
Exhibit P3 TRUE COPY OF THE ORDER IN
I.A.NO.1008/2024 IN S.A NO.197/2024
DATED 12.03.2024 BY THE LEARNED DRT I
AT ERNAKULAM
Exhibit P4 TRUE COPY OF THE JUDGMENT IN
OP(DRT)NO.119/2024 DATED 15.03.2024
Exhibit P5 TRUE COPY OF THE APPEAL WITH DIARY NO.
493/2024 WITHOUT ANNEXURES IS PRODUCED
HEREWITH
Exhibit P6 TRUE COPY OF THE RECEIPT OF DAIRY
NO.493/2024 DATED 31.03.2024
Exhibit P7 TRUE COPY OF THE STAY PETITION IN
DAIRY NO.495/2024 IS PRODUCED HERE
WITH
Exhibit P8 TRUE COPY OF THE RECEIPT OF DIARY
NO.495/2024 DATED 31.03.2024 IS
PRODUCED HERE WITH
