Kerala High Court
K.M.Sidheck vs The Authorized Officer on 16 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
OP (DRT) NO. 75 OF 2024
AGAINST THE ORDER/JUDGMENT SA 518/2023 OF DEBT RECOVERY
TRIBUNAL, ERNAKULAM
PETITIONERS/APPLICANTS:
1 K.M.SIDHECK
AGED 59 YEARS
S/O. MYTHEEN, KUNNEKUDIYIL HOUSE,
MANIKKINAR P.O., PAIMATTOM,
KOTHAMANGALAM, ERNAKULAM,
PIN - 686693
2 SHAMEENA K.P
AGED 50 YEARS
W/O. K.M.SIDHECK,
KUNNEKUDIYIL HOUSE, MANIKKINAR P.O.,
PAIMATTOM, KOTHAMANGALAM,
ERNAKULAM, PIN - 686693
BY ADVS.
JOHNSON MANAYANI
JEEVAN MATHEW MANAYANI
BENHUR JOSEPH MANAYANI
RESPONDENTS:
1 THE AUTHORIZED OFFICER
UNION BANK OF INDIA, KOTHAMANGALAM BRANCH,
THEKKEKUNNEL COMPLEX,
NEAR TO KSRTC BUS STAND,
KOTHAMANGALAM P.O., ERNAKULAM DISTRICT,
PIN - 686691
2 UNION BANK OF INDIA
KOTHAMANGALAM BRANCH, THEKKEKUNNEL COMPLEX,
NEAR TO KSRTC BUS STAND,
OP(DRT) No.75 of 2024
2
KOTHAMANGALAM P.O., ERNAKULAM DISTRICT,
REP BY ITS BRANCH MANAGER, PIN - 686691
SRI.A.S.P KURUP (SC)-R1 & R2
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(DRT) No.75 of 2024
3
JUDGMENT
Dated this the 16th day of February, 2024
The petitioners, who are borrowers of Union Bank of
India, against whom the proceedings were initiated under the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 and whom stand
evicted from their residential building, are before this Court
seeking the following reliefs:
(i) Appropriate orders may be issued, directing
the respondents to restore the house to the
petitioners, without any delay.
(ii) Declare that the entire proceedings which led
to the dispossession of the petitioners from their
house is legally unsustainable.
(iii) Issue such other order or direction as deem
fit and necessary by this Hon'ble Court.
(iv) To dispense with the transaction of
Malayalam documents.
2. Standing Counsel on behalf of the respondents
submits that the petitioners have been evicted following due
process of law. As regards routine household articles, the
petitioners can collect it with prior notice to the Bank Manager.
3. Counsel for the petitioners submits that the
petitioners shall approach the Bank Manager tomorrow
(17.02.2024) itself for collecting the household articles.
Recording the said submission, the O.P (DRT) is
disposed of.
Sd/-
N.NAGARESH
JUDGE
hmh
APPENDIX OF OP (DRT) 75/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE
ISSUED BY THE 1ST RESPONDENTS DATED 4-
8-2023 UNDER SECTION 8(1) OF THE
SECURITY INTEREST (ENFORCEMENT) RULES
Exhibit P2 TRUE COPY OF THE PAPER PUBLICATION FOR
AUCTION SELLING THE PETITIONERS
PROPERTY PUBLISHED IN MATHRUBHUMI
DATED 22-8-2023
Exhibit P3 TRUE COPY OF THE S.A.NO-518/2023
WITHOUT THE ANNEXURES THEREIN, DATED
16.9.2023 FILED BEFORE THE HON'BLE
DEBT RECOVERY, TRIBUNAL NO-1,
ERNAKULAM
Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED BY
THE LEARNED ADVOCATE COMMISSIONER TO
THE PETITIONERS, DATED 30-11-2023
Exhibit 5 THE TRUE COPY OF THE SALE NOTICE
ISSUED BY THE RESPONDENTS TO THE
PETITIONERS DATED 3-1-2024
Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN
OP(DRT) NO.42/2024 DT 23.1.2024 OF THE
HON'BLE HIGH COURT OF KERALA
Exhibit P7 THE TRUE COPY OF THE AMENDMENT
APPLICATION WITHOUT THE EXHIBITS
THEREIN DT 12.2.2024
Exhibit P8 THE TRUE COPY OF THE STAY PETITION
FILED BY THE PETITIONERS BEFORE THE
DRT DT 12.2.2024
