Kerala High Court
The Federal Bank Limited vs Sub Registrar, Office Of The Sub ... on 4 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 11136 OF 2024
PETITIONER
THE FEDERAL BANK LIMITED,
LCRD ERNAKULAM DIVISION, MARINE DRIVE,
ERNAKULAM, KOCHI, REPRESENT BY ITS SENIOR MANAGER,
PIN - 682031
BY ADVS.
MOHAN JACOB GEORGE
P.V.PARVATHY (P-41)
REENA THOMAS
NIGI GEORGE
ANANTHU V.LAL
HARISHANKAR S.
RESPONDENTS:
1 SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR
EAST FORT, PAZHAVANGADI,
THIRUVANANTHAPURAM, PIN - 695023
2 DEBTS RECOVERY TRIBUNAL-1
5TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR,
ERNAKULAM, KOCHI- REPRESENTED BY ITS REGISTRAR,
PIN - 687203
3 SHRI ASHOK HARRY POTHEN
FLAT NO.2A & 2B, KOWDIAR MANOR JAWAHAR NAGAR,
KOWDIAR (PO), THIRUVANANTHAPURAM,
PIN - 695003
4 SMT. MARY POTHEN
FLAT NO.2A & 2B, KOWDIAR MANOR JAWAHAR NAGAR,
KOWDIAR (PO), THIRUVANANTHAPURAM,
PIN - 695003
5 MS. SOLLY AJAY
ARTECH LAKE VIEW, BYPASS ROAD,
KULATHUNKAL, ANAYARA PO,
THIRUVANANTHAPURAM, PIN - 695029
WP(C) No.11136 Of 2024
2
BY ADVS.
SRI.SREEJITH V.S-GOVERNMENT PLEADER
SRI.PEER MOHAMED KHAN V.K R3 - R5
SRI.P.B.KRISHNAN(SR) -R3 TO R5
SRI.GIRISH KUMAR V.C(K/1187/2020)
SMTASNA M.B.(K/001696/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.11136 Of 2024
3
JUDGMENT
Dated this the 4th day of April, 2024
The petitioner had filed O.A.No.847/2023 before the
Debts Recovery Tribunal-1, Ernakulkam seeking recovery of
₹4,41,96,149.91 against respondents 3 to 5. As there was no
collateral security for the financial facilities availed, the
petitioner had sought for an attachment before judgment by
filing Ext.P1. As per Ext.P3 order, the Tribunal directed
respondents 3 to 5 to furnish security.
2. The respondents appeared before the Tribunal and
sought time to file counter affidavit. In the meanwhile, the
Tribunal ordered maintenance of status quo with respect to
the scheduled properties. Respondents 3 to 5 were attempting
to alienate the property and hence the petitioner
communicated the order of status quo to the 1st respondent-
Sub Registrar as per Ext.P5. However, the 1st respondent
WP(C) No.11136 Of 2024
refused to enter the same in the encumbrance register.
3. The Presiding Officer has heard the application for
attachment on merits and has posted the same for orders on
26.03.2024. However, respondents 3 to 5 are making
surreptitious arrangements to alienate the property. This
Court, as per Ext.P9 decision, has held that even though there
is no provision to note the orders of injunction in the Book- 1,
the Court can direct the same to be entered.
4. The petitioner will be put to irreparable loss, injury
and hardship if the Sub Registrar allows registration of the
sale deeds, if any, being presented with respect to the
properties of respondents 3 to 5 which are subject matter of
Ext.P2 proceedings before Debts Recovery Tribunal-1
Ernakulam. The Presiding Officer is on leave from 18.03.2024
to 22.03.2024. The matter is taken up for orders and the
petitioner is left with no other remedy, but to approach this
Court by filing this writ petition, contends the petitioner.
WP(C) No.11136 Of 2024
5. When this writ petition came up for admission on
19.03.2024, this Court passed an interim order directing the
1st respondent-Sub Registrar not to permit alienation of the
property in question for a period of two weeks.
6. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
respondents 1 and 2 and the learned counsel representing
respondents 3 to 5.
7. Going through the pleadings and arguments, I find
that a show-cause notice has been issued to respondents 3
and 5 as regards attachment of property. Subsequently, a
status quo order is passed by the Tribunal on 03.01.2024. In
such circumstances, it would be only appropriate that the
Tribunal is directed to finally take decision on Ext.P2
application for attachment filed by the Bank. There is no
point in retaining this writ petition here.
WP(C) No.11136 Of 2024
In the facts of the case, the writ petition is disposed of
directing the Debts Recovery Tribunal-1, Ernakulam to
consider Ext.P2 application for attachment submitted by the
petitioner on 08.04.2024 and take a decision thereon as
expeditiously as possible and at any rate within a period of
two weeks. The benefit of the interim order dated 19.03.2024
passed in this writ petition will continue to enure to the
benefit of the petitioner till then. The Debts Recovery
Tribunal shall communicate the decision on Ext.P2
application to the 1st respondent-Sub Registrar.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.11136 Of 2024
APPENDIX OF WP(C) 11136/2024
PETITIONER EXHIBITS
Exhibit P-1 COPY OF THE RELEVANT PORTION OF THE
O.A. NO.847/2023 BEFORE THE DRT-1,
ERNAKULKAM (WITHOUT EXHIBITS)
Exhibit P-2 COPY OF THE A I.A NO. 4214/2023 FILED
BY THE PETITIONER IN OA 847/2023
Exhibit P-3 COPY OF THE ORDER DATED 05.12.2023 OF
THE HON'BLE DRT-1 IS PRODUCED AS
EXHIBIT-P3.
Exhibit P-4 COPY OF THE PROCEEDINGS OF DRT-I IN OA
Exhibit P- 5 COPY OF THE COMMUNICATION DATED
22.02.2024 OF THE PETITIONER TO THE 1
ST RESPONDENT
Exhibit P-6 COPY OF THE PROCEEDINGS OF THE
TRIBUNAL DATED 27.02.024
Exhibit P-7 COPY OF THE COUNTER AFFIDAVIT FILED BY
THE RESPONDENTS 3 TO 5 IN
Exhibit P-8 COPY OF THE PROCEEDINGS OBTAINED FROM
THE WEBSITE OF DRT
Exhibit P -9 COPY OF THE JUDGEMENT OF MUNDANTHARA
SUBRAMANIAN V. KATTAYAT VADASSERI
THAZHATH PADMAJA &OTHERS (REPORTED IN
2015(1) KHC 608)
RESPONDENT EXHIBITS
Exhibit-R3(a) VALUATION REPORT DATED 19.03.2024
SUBMITTED BY RESPONDENT 3 TO 5
EXHIBIT R3(B) TRUE COPY OF THE VALUATION REPORT
DATED 02.11.2019 PREPARED BY THE
APPROVED VALUER
EXHIBIT-R3(B1) VALUATION REPORT
