Sulaiman K. T vs The Manjeri Urban Co-Operative Bank Ltd
2024 Latest Caselaw 9258 Ker

Kerala High Court

Sulaiman K. T vs The Manjeri Urban Co-Operative 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. 141 OF 2024
        AGAINST THE ORDER/JUDGMENT DATED 20.11.2023 IN
  SA NO.604 OF 2022 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM


PETITIONERS/APPLICANTS:

    1      SULAIMAN K. T.
           AGED 53 YEARS
           S/O ABDURAHIMAN, KALLADITHODI HOUSE,
           THURAKKAL, PALLI ROAD, MANJERI P.O.,
           MALAPPURAM, PIN - 680302
    2      SAUDABI V.
           AGED 43 YEARS
           W/O SULAIMAN K. T., KALLADITHODI HOUSE,
           THURAKKAL, PALLI ROAD, MANJERI P.O.,
           MALAPPURAM, PIN - 680302
    3      AYUB K. T.
           AGED 42 YEARS
           S/O ABDURAHIMAN, KALLADITHODI HOUSE,
           THURAKKAL, PALLI ROAD, MANJERI P.O.,
           MALAPPURAM, PIN - 680302

           BY ADVS.
           DHEERAJ KRISHNAN PEROT
           VINEETHA A.A.
           ARYA DEVASIA
           SREERAG S.
           MEGHA
           SREEPRIYA K.U.
 OP(DRT) No.141 of 2024


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RESPONDENT/DEFENDANT:

          THE MANJERI URBAN CO-OPERATIVE BANK LTD.,
          REPRESENTED BY ITS GENERAL MANAGER
          (AUTHORISED OFFICER), COURT ROAD,
          MANJERI P.O., MALAPPURAM, PIN - 676121

          SRI.K.VIDYASAGAR

     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.141 of 2024


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                         JUDGMENT

Dated this the 3rd day of April, 2024

The petitioners seek to direct the respondent-Bank to

keep the execution of Ext.P2 order in abeyance and refrain

from taking steps until the petitioners are able to make pre-

deposit before the Debts Recovery Appellate Tribunal.

2. Going through the pleadings, it is seen that Ext.P2

order was passed as early on 20.11.2023. The pleading

would further indicate that the petitioners had earlier

approached this Court filing W.P.(C) No.8004 of 2024 seeking

to grant 15 installments for repayment of the loan account.

The said writ petition was dismissed as not maintainable as

per judgment dated 27.03.2024.

3. Ext.P2 order sought to be impugned before the

Debts Recovery Appellate Tribunal was passed on

20.11.2023. The petitioners had ample time to file appeal,

make the pre-deposit and move the Appellate Tribunal.

In the afore facts, I am not inclined to grant any relief to

the petitioners in this O.P(DRT). The O.P(DRT) is therefore

dismissed.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF OP (DRT) 141/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF S.A. NO. 604/2022 DATED 22.12.2022 Exhibit P2 TRUE COPY OF THE ORDER DATED 20.11.2023 OF THE HON'BLE DEBT RECOVERY TRIBUNAL, ERNAKULAM - NO. I