Kerala High Court
M/S Ames Foods Processors India Pvt. Ltd vs The Federal Bank Ltd on 2 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
OP (DRT) NO. 497 OF 2023
PETITIONERS:
1 M/S AMES FOODS PROCESSORS INDIA PVT. LTD,
HAVING REGISTERED OFFICE AT X/558, COMMON
FACILITY CENTRE, KINFRA SMALL INDUSTRIES PARK,
NELLAD P.O., ERNAKULAM - 686 669, REPRESENTED
BY ITS POWER OF ATTORNEY, SRI. BIJU KUMAR K.K.,
AGED 48, S/O KRISHNAN NAIR, RESIDING AT
KADUKKATTU HOUSE, KADAMATTOM P.O., ERNAKULAM,
682311, PIN - 686669
2 GEORGE PAULOSE,
AGED 83 YEARS
S/O E.V. PAULOSE, DIRECTOR, M/S AMES FOODS
PROCESSORS INDIA PVT. LTD., HAVING REGISTERED
OFFICE AT X/558, COMMON FACILITY CENTRE, KINFRA
SMALL INDUSTRIES PARK, NELLAD P.O., ERNAKULAM,
PRESENTLY RESIDING AT 311- SOUTH, 295TH PLACE,
FEDERAL WAY, WASHINGTON STATE, 98003, USA,
REPRESENTED BY HIS POWER OF ATTORNEY, SRI. BIJU
KUMAR K.K., AGED 48, S/O KRISHNAN NAIR,
RESIDING AT KADUKKATTU HOUSE, KADAMATTOM P.O.,
ERNAKULAM - 682311., PIN - 686669
3 SUSAN PAULOSE,
AGED 71 YEARS
W/O GEORGE PAULOSE, DIRECTOR, M/S AMES FOODS
PROCESSORS INDIA PVT. LTD., HAVING REGISTERED
OFFICE AT X/558, COMMON FACILITY CENTRE, KINFRA
SMALL INDUSTRIES PARK, NELLAD P.O ERNAKULAM ,
PRESENTLY RESIDING AT 311- SOUTH, 295TH PLACE,
FEDERAL WAY, WASHINGTON STATE, 98003, USA,
REPRESENTED BY HER POWER OF ATTORNEY, SRI. BIJU
KUMAR K.K., AGED 48, S/O KRISHNAN NAIR,
RESIDING AT KADUKKATTU HOUSE, KADAMATTOM P.O.,
ERNAKULAM - 682311., PIN - 686669
BY ADVS.
P.G.JAYASHANKAR
P.K.RESHMA (KALARICKAL)
S.RAJEEV (K/001711/2019)
SAJANA V.H
SHAIJU GEORGE
AADERSH R.S. PANICKER
OP (DRT) NO. 497 OF 2023
2
RESPONDENTS:
THE FEDERAL BANK LTD,
ERNAKULAM NORTH BRANCH, PNVM ARCADE, BANNERJI
ROAD, ERNAKULAM, KERALA - 682 018, HAVING ITS
REGISTERED OFFICE AT FEDERAL TOWERS, P.B.NO.
103, ALUVA, ERNAKULAM, REPRESENTED BY ITS
MANAGER, PIN - 683101
BY ADVS.
SUNIL SHANKER, SC
VIDYA GANGADHARAN
JERIN GEORGE
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 02.08.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP (DRT) NO. 497 OF 2023
3
JUDGMENT
The present Original Petition has been filed impugning
the order in Ext.P4 whereby the petitioner's right to file
written statement in O.A No.208/2020 has been set ex-parte
in the said OA. The learned counsel for the petitioner submits
that the petitioner had filed two applications in Exts.P2 and
P3, i.e., IA Nos. 9201/2022 and 9202/2022 for return of
documents and computer systems, which have been taken
possession by the Bank. Without considering those
applications, the petitioners right to file written statement has
been closed. Once these applications were numbered, the
DRT must have disposed of those applications before closing
the rights of the petitioner to file written statement.
In view thereof, the present original petition is allowed
and the impugned order is set aside. The DRT is directed to
consider and pass necessary orders in Exts.P2 and P3
applications, expeditiously, in accordance with law, on or
before 09.09.2024, when the posting of the OA is fixed. Once
the Debt Recovery Tribunal-I considers and decides the
applications in Exts.P2 and P3, the petitioner should be
OP (DRT) NO. 497 OF 2023
granted some time to file their written statement, so that the
pleadings are completed and the Debt Recovery Tribunal-I
proceeds expeditiously for a decision on the OA filed by the
Bank.
SD/- DINESH KUMAR SINGH
JUDGE
lsn
OP (DRT) NO. 497 OF 2023
APPENDIX OF OP (DRT) 497/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OA NO. 208 OF 2020
PENDING ON THE FILES OF THE DEBTS
RECOVERY TRIBUNAL - I, ERNAKULAM
Exhibit P2 A TRUE COPY OF THE PETITION PREFERRED
BY THE PETITIONERS BEFORE THE DEBTS
RECOVERY TRIBUNAL - I, ERNAKULAM
HAVING DIARY NO. 920 OF 2022 DATED
27.04.2022
Exhibit P3 A TRUE COPY OF THE PETITION DATED
19.05.2022 PREFERRED BY THE PETITIONER
BEFORE DEBTS RECOVERY TRIBUNAL - I,
ERNAKULAM
Exhibit P4 A TRUE COPY OF THE ORDER DATED
26.10.2023 ISSUED BY THE DEBTS
RECOVERY TRIBUNAL - I, ERNAKULAM, AS
OBTAINED FROM THE OFFICIAL WEBSITE OF
THE TRIBUNAL
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
