Kerala High Court
Faisal Nelliyattummel vs The Federal Bank Ltd on 15 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 5992 OF 2024
PETITIONER:
FAISAL NELLIYATTUMMEL
AGED 53 YEARS, S/O MOHAMMED NELLIYATTUMMEL
MEETHALE PUTHALATHE HOUSE, IRINGATH P.O,
PAYYOLI, KOZHIKODE, PIN - 673523.
BY ADVS.
GIGIMON ISSAC
TOBIAS TOGI MATHEW
RESPONDENTS:
1 THE FEDERAL BANK LTD
PAYYOLI BRANCH, LCRD, KOZHIKODE DIVISION,
1ST FLOOR, FEDERAL TOWERS, MAVOOR ROAD,
KOZHIKODE PIN - 673016
REPRESENTED BY IT'S CHIEF MANAGER.
2 THE AUTHORIZED OFFICER,
THE FEDERAL BANK LTD., PAYYOLI BRANCH,
LCRD, KOZHIKODE DIVISION, 1ST FLOOR,
FEDERAL TOWERS, MAVOOR ROAD,
KOZHIKODE, PIN - 673016.
BY ADV.SRI.K.P.SUJESH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.5992 of 2024
:2:
JUDGMENT
Dated this the 15th day of February, 2024
The petitioner's S.A stands dismissed. The petitioner
states that he has filed an appeal before the Debts
Recovery Appellate Tribunal, Chennai and Diary No.124 of
2024 has been assigned. The appeal has not been
numbered or listed for admission. In the meanwhile,
Advocate Commissioner appointed under Section 14 is at
the doorstep.
2. The petitioner states that he has a fair chance to
get the judgment of the Debts Recovery Tribunal set aside
in appeal. If in the meanwhile possession of the secured
asset is taken over forcefully by the Advocate
Commissioner, the petitioner will be put to irreparable loss
and injury. The petitioner, therefore seeks to direct the
respondent-Bank to stop all further proceedings pursuant to
Ext.P5 notice till a decision is taken by the Debts Recovery
Appellate Tribunal in appeal taken by file as Diary No.124 of
2024.
3. Standing Counsel entered appearance and
resisted the writ petition. The Standing Counsel denied all
the allegations made by the petitioner in the writ petition. It
is pointed out that the petitioner filed appeal as early on
10.01.2024. The petitioner could have very well brought the
matter before the Bench and obtain interim orders. The
present writ petition is only intended to prolong the recovery
proceedings. The writ petition is without any merit and it is
liable to be dismissed, contended the Standing Counsel.
4. I have heard the learned Counsel for the
petitioner and the learned Standing Counsel representing
the respondents.
5. The fact that the petitioner has filed an appeal is
not in dispute. The appeal was filed on 10.01.2024. Counsel
for the petitioner would submit that no defects in the appeal
are noted or intimated to the petitioner so far. Unless the
appeal is numbered, the petitioner will not be in a position to
insist for passing any interim or final order.
6. Taking into consideration the afore facts, I am of
the view that the petitioner can be granted a short time to
move the Debts Recovery Appellate Tribunal.
The writ petition is disposed of directing the
respondents to defer coercive proceedings, if any, against
the petitioner till 29.02.2024. The petitioner is at liberty to
move and obtain orders from the Debts Recovery Appellate
Tribunal in the meanwhile. It is made clear that no further
time will be granted to the petitioner in this matter.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 5992/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION FILED BY
THE RESPONDENT BANK AGAINST THIS
PETITIONER BEFORE THE CJM COURT,
KOZHIKODE AS CMP NO.796/2023 DATED
11.05.2023
Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THE
CJM COURT, KOZHIKODE IN CMP
NO.796/2023 DATED 11.05.2023
Exhibit P3 TRUE COPY OF THE APPEAL MEMORANDUM
TAKEN ON THE FILES OF DRAT, CHENNAI
Exhibit P4 TRUE COPY OF THE I.A TAKEN ON THE
FILES OF DRAT, CHENNAI AS DAIRY
Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED
01.02.2024
