Kerala High Court
Fathima Bind vs The Authorized Officer on 6 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
OP (DRT) NO. 60 OF 2024
AGAINST THE ORDER/JUDGMENT SA 337/2023 OF
DEBT RECOVERY TRIBUNAL, ERNAKULAM
RA 2/2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/REVIEW PETITIONER/APPLICANT:
FATHIMA BIND, AGED 46 YEARS, W/O.SAIDALIKUTTY,
KALLINGAL HOUSE, CHENGUVETTI KUNDU,
KOTTAKKAL.P.O., MALAPPURAM., PIN - 676503
BY ADVS.
ZAKEER HUSSAIN
K.A.SANJEETHA
MOHAMMED ZAMAN
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 THE AUTHORIZED OFFICER
THE KOTTAKKAL CO-OPERATIVE URBAN BANK LTD
NO.1378, HEAD OFFICE KOTTAPPADY, KOTTAKKAL,
MALAPPURAM DISTRICT., PIN - 676503
2 THE KOTTAKKAL CO-OPERATIVE URBAN BANK LTD NO.1378
HEAD OFFICE KOTTAPPADY, KOTTAKKAL,
MALAPPURAM DISTRICT
REP BY ITS CHIEF EXECUTIVE OFFICER/
AUTHORISED OFFICER, PIN - 676503
SRI.DEVAPRASANTH P.J.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(DRT) NO.60 of 2024
2
JUDGMENT
Dated this the 6th day of February, 2024
The O.P (DRT) has been filed by the petitioner, who has
availed a financial advance from the Kottakkal Co-operative
Urban Bank Limited and against whom the Bank had initiated
proceedings under the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act,
2002.
2. In this O.P (DRT), the petitioner sought to direct the
Debts Recovery Tribunal to consider and pass orders on
Ext.P6 Review Application and Ext.P7 Stay Petition. The
petitioner submits that the Review Application was posted
today and now stands adjourned to 26.02.2024. In the
meanwhile, the Advocate Commissioner is on the door step
for taking over possession of the property.
OP(DRT) NO.60 of 2024
3. Taking into consideration the fact that the Debts
Recovery Tribunal has adjourned the petitioner's Review
Application to 26.02.2024, I am of the view that the
respondents shall defer coercive proceedings till then on strict
conditions.
The O.P (DRT) is therefore disposed of directing that if
the petitioner remits ₹20 lakhs on or before 26.02.2024,
coercive proceedings against the petitioner shall stand
deferred till then. Further proceedings shall depend upon the
outcome of the Review Petition pending before the Debts
Recovery Tribunal.
Sd/-
N.NAGARESH
JUDGE
spk
OP(DRT) NO.60 of 2024
APPENDIX OF OP (DRT) 60/2024
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE SA NO.337/2023
(WITHOUT ANNEXURES) DATED 30/06/2023
ON THE FILE OF DEBT RECOVERY TRIBUNAL-
I, ERNAKULAM.
Exhibit.P2 TRUE COPY OF THE COVID-19 REGULATORY
PACKAGE DATED 27/03/2020 OF THE
RESERVE BANK OF INDIA.
Exhibit.P3 TRUE COPY OF THE COVID-19 REGULATORY
PACKAGE DATED 23/05/2020 OF RESERVE
BANK OF INDIA
Exhibit.P4 TRUE COPY OF THE WRITTEN STATEMENT
DATED NIL (WITHOUT ANNEXURES) FILED BY
THE RESPONDENTS IN SA NO.337/2023.
Exhibit.P5 TRUE COPY OF THE ORDER DATED
15/12/2023 IN SA NO.337/2023 OF DEBT
RECOVERY TRIBUNAL-I, ERNAKULAM.
Exhibit.P6 TRUE COPY OF THE REVIEW APPLICATION
NO.2/2024 IN SA NO.337/2023 (WITHOUT
ANNEXURES) DATED 19/01/2024 ON THE
FILE OF DEBT RECOVERY TRIBUNAL-I,
ERNAKULAM.
Exhibit 7 TRUE COPY OF THE STAY PETITION
I.A.NO.464/2024 IN REVIEW APPLICATION
NO.2/2024 DATED 19/01/2024 ON THE FILE
OF DEBT RECOVERY TRIBUNAL-I,
ERNAKULAM.
Exhibit.P8 TRUE COPY OF THE NOTICE DATED
30/01/2024 ISSUED BY THE ADVOCATE
COMMISSIONER IN CMP NO.3026/2022 ON
THE FILE OF CHIEF JUDICIAL MAGISTRATE
COURT, MANJERI
OP(DRT) NO.60 of 2024
Exhibit.P9 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 20/06/2023 ISSUED BY DR.ABY
ABRAHAM.M, MD.DM, DNB, FISN, FRCP(UK),
LEKSHORE HOSPITAL AND RESEARCH CENTRE
LTD, ERNAKULAM.
