Kerala High Court
T S Joseph vs The Federal Bank Ltd on 9 February, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.16818/2022 1/3 Order Date : 09-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 9th day of February 2024 / 20th Magha, 1945
WP(C) NO. 16818 OF 2022
PETITIONER:
T.S.JOSEPH, AGED 60 YEARS, S/O.SAVIER, THUNDAPARAMBIL
HOUSE, VECHOOR, THALAYAZHAM.P.O., VAIKOM, KOTTAYAM DISTRICT, PIN -
686607.
RESPONDENTS:
1. THE FEDERAL BANK LTD., PUTTADI.P.O, IDUKKI
DISTRICT KERALA REPERESENTED BY ITS MANAGER, PIN - 685551.
2. DEBT RECOVERY TRIBUNAL-II, ERNAKULAM, 1ST FLOOR, KSHB BUILDING,
PANAMPILLY NAGAR, KOCHI REPRESENTED BY ITS REGISTRAR, PIN - 680216.
3. DEBT RECOVERY APPELLATE TRIBUNAL, 7TH FLOOR, ADDITIONAL
BUILDING, SASTHRI BHAVAN, NUGAMPAKKAM, CHENNAI REPRESENTED BY ITS
REGISTRAR, PIN - 600006.
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings for recovery pursuant to Exhibit -
P2 recovery certificate and Exhibit P3 sale notice on the files of DRT- II
Ernakulam pending disposal of the writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
11/01/2024 and upon hearing the arguments of M/S S.EASWARAN, K.V.RAJESWARI
& P.MURALEEDHARAN (IRIMPANAM), Advocates for the petitioner, M/S.MOHAN
JACOB GEORGE, P.V.PARVATHY, REENA THOMAS & NIGI GEORGE, Advocates for R1 &
SRI.J.RAMKUMAR, CENTRAL GOVERNMENT COUNSEL for R2 & R3, the court passed
the following:
WP(C) No.16818/2022 2/3 Order Date : 09-02-2024
N. NAGARESH, J.
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W.P.(C) Nos.16681 and 16818 of 2022
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Dated this the 9th day of February, 2024
ORDER
**************
Post on 19.02.2024.
Interim order is extended by one month.
Sd/-
N. NAGARESH
JUDGE
ams
WP(C) No.16818/2022 3/3 Order Date : 09-02-2024
APPENDIX OF WP(C) 16818/2022
Exhibit1 COPY OF THE AWARD DATED 20.2.2010 PASSED BY THE LOK
ADALATH(DISTRICT COURT) ERNAKULAM IN OA 31 OF 2006 ON
THE FILES OF DRT ERNAKULAM
Exhibit2 COPY OF THE RECOVERY CERTIFICATE DATED 11.1.2012 ISSUED
BY THE DRT ERNAKULAM
Exhibit3 COPY OF THE SALE NOTICE DATED 24/5/2016 ISSUED BY THE
RECOVERY OFFICER DRT ERNAKULAM
Exhibit4 COPY OF MEMORANDUM OF APPEAL 3/2016(RENUMBERED AS TRA
3/2017 ON THE FILES OF DRT-II ERNAKULAM
Exhibit5 COPY OF THE IA 1577 OF 2016 IN OA 31 OF 2016 ON THE
FILES OF DRT ERNAKULAM
Exhibit P6 COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST
RESPONDENT TO APPEAL 3 OF 2016 ON THE FILES OF DRT
ERNAKULAM
Exhibit7 COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST
RESPONDENT TO IA 1577 OF 2016 IN OA 31 OF 2006 ON THE
FILES OF DRT ERNAKULAM
ExhibitP8 COPY OF THE ORDER DATED 31.7.2018 IN TRA3/2017(APPEAL 3
OF 2016 ) ON THE FILES OF DRT-II ERNAKULAM
ExhibitP9 COPY OF JUDGMENT DATED 19.11.2018 IN WP 26949 OF 2018
ON THE FILES OF THIS HON'BLE COURT
Exhibit P10 COPY OF THE MEMORANDUM OF APPEAL IN AIR 699/2018 ON THE
FILES OF DRAT CHENNAI
Exhibit P11 COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT
IN AIR 699/2018 ON THE FILES OF DRAT CHENNAI
Exhibit P12 COPY OF THE JUDGMENT DATED 3.1.2019 IN WP 40389 OF 2018
ON THE FILES OF THIS HON'BLE COURT
Exhibit P13 COPY OF THE ORDER DATED 12.5.2022 IN MA NO 23 OF
2019(AIR 699/2018) PASSED BY DRAT CHENNAI
