Kerala High Court
Ramsankar.P.V vs The Authorised Officer on 20 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
OP (DRT) No.448/2023 1/4 Order Date : 20-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 20th day of February 2024 / 1st Phalguna, 1945
IA.NO.3/2024 IN OP (DRT) NO. 448 OF 2023
AIR 1487/2023 OF DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI
APPLICANT/PETITIONER:
RAMSANKAR.P.V., AGED 32 YEARS, S/O.P.R.VIJAYAKUMAR, PARIYATHU HOUSE,
KUDAPPULAM.P.O., MEENACHIL TALUK, VELLILAPPILLY VILLAGE, KOTTAYAM,
PIN - 686576 REP. BY THE POWER OF ATTORNEY HOLDER T.S.VALSALA, AGED
67 YEARS, W/O.RADHAKRISHNAN, LAKSHMI GARDEN, KANJIRAPPALLY VILLAGE,
KAPPADU P.O., KOTTAYAM DISTRICT - 686 508.
RESPONDENTS/RESPONDENTS:
1. THE AUTHORISED OFFICER, THE SOUTH INDIAN BANK LTD, REGIONAL OFFICE,
2ND FLOOR, TMJ COMPLEX, M.C.ROAD, RAMANCHIRA, MUTHOOR.P.O.,
THIRUVALLA, PIN - 689107.
2. THE SOUTH INDIAN BANK LTD., MODERN DENTAL TOWER, MUNDAKKAYAM ROAD,
ERUMELY, KOTTAYAM, REPRESENTED BY ITS BRANCH MANAGER, PIN - 686509.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to revive and extend
the interim order dated 05/01/2024 and to direct the respondents to defer
the proceedings for taking physical possession of petitioner's of
applicant's/petitioner's residential property till Exhibit.P6 Stay
Petition is considered and disposed by the DRAT, Chennai.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.ZAKEER HUSSAIN, MOHAMMED ZAMAN & K.A.SANJEETHA, Advocates for the
petitioner, M/S.SUNIL SHANKAR A., VIDYA GANGADHARAN & JERIN GEORGE,
Advocates for the respondents, the court passed the following:
OP (DRT) No.448/2023 2/4 Order Date : 20-02-2024
N.NAGARESH, J.
------------------------------------------------
I.A. No.3 of 2024
in
O.P (DRT) No.448 of 2023
-------------------------------------------------
Dated this the 20th day of February, 2024
ORDER
This is an application to revive and extend the interim order
dated 05.01.2024 and to direct the respondents to defer the
proceedings for taking physical possession of the applicant's /
petitioner's residential property till Ext.P6 Stay Petition is
considered and disposed of by the Debts Recovery Appellate
Tribunal, Chennai.
2. The O.P (DRT) was disposed of as per judgment
dated 06.11.2023 permitting the petitioner to move the DRAT
within a period of three weeks for obtaining interim / final orders
on the waiver petition and stay petition. The 1 st respondent was
directed to defer coercive proceedings for a period of three
OP (DRT) No.448/2023 3/4 Order Date : 20-02-2024
weeks.
3. The petitioner states that the petitioner has filed the
requisite application and has made pre-deposit also. The I.A.,
however, stands posted to 05.04.2024. It is in such
circumstances that the petitioner has filed this I.A.
4. I find that the petitioner has been granted three
weeks time to move the DRAT. If the petitioner has filed an
application for stay and made the pre-deposit, it is for the
petitioner to move the Tribunal and obtain necessary orders
from the DRAT. It is not disputed that the DRAT is holding
regular sittings now.
I.A. is therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
OP (DRT) No.448/2023 4/4 Order Date : 20-02-2024
APPENDIX OF OP (DRT) 448/2023
Exhibit.P1 TRUE COPY OF THE AMENDED S.A.NO.182/2023 DATED
22/09/2023 (WITHOUT ANNEXURES) FILED BY THE PETITIONER
BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.
Exhibit2 TRUE COPY OF THE STAY PETITION I.A.NO.2911 OF 2023 IN
SA NO.182/2023 DATED 08/09/2023 (WITHOUT ANNEXURES)
BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.
Exhibit.P3 TRUE COPY OF THE ORDER DATED 25/09/2023 IN IA
NO.2911/2023 IN SA NO.182/2023 OF THE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM.
Exhibit.P4 TRUE COPY OF THE JUDGMENT DATED 03/10/2023 IN OP(DRT)
NO.399/2023.
Exhibit.P5 TRUE COPY OF THE APPEAL AIR (SA) NO. 1487/2023 (WITHOUT
DOCUMENTS) DATED 04/10/2023 FILED BY THE PETITIONER
BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI.
Exhibit.P6 TRUE COPY OF THE STAY PETITION DATED 04/10/2023 IN
AIR(SA) NO.1487/2023 BEFORE THE DEBT RECOVERY APPELLATE
TRIBUNAL, CHENNAI.
Exhibit.P7 TRUE COPY OF THE PETITION TO WAIVE PRE-DEPOSIT DATED
04/10/2023 IN AIR(SA) NO.1487/2023 BEFORE THE DEBT
RECOVERY APPELLATE TRIBUNAL, CHENNAI.
Exhibit.P8 TRUE COPY OF THE URGENT APPLICATION DATED 04/10/2023 IN
AIR(SA) NO.1487/2023 BEFORE THE DEBT RECOVERY APPELLATE
TRIBUNAL, CHENNAI.
Exhibit P9 TRUE COPY OF THE POWER OF ATTORNEY REGISTERED AS
DOCUMENT NO.524/IV/2023 DATED 16/10/2023 OF ERNAKULAM
SUB REGISTRY OFFICE.
Exhibit P10 TRUE COPY OF THE NOTICE DATED 02/12/2023 ISSUED BY THE
ADVOCATE COMMISSIONER IN MC NO.411/2023 OF THE CHIEF
JUDICIAL MAGISTRATE COURT, KOTTAYAM.
Exhibit.P11 TRUE COPY OF THE ORDER DATED 12/12/2023 IN
I.A.NO.1/2023 IN OP(DRT) NO.448/2023.
Annexure.1 TRUE COPY OF THE ORDER DATED 19/12/2023 IN IA NO.3/2023
IN OP(DRT) NO.448/2023.
Annexure.2 TRUE COPY OF THE PROCEEDINGS DATED 26/12/2023 IN
I.A.NO.467/2023 IN I.A.NO.466/2023 IN AIR(SA)
NO.1487/2023 OF DEBT RECOVERY APPELLATE TRIBUNAL,
CHENNAI.
Annexure.3 TRUE COPY OF THE NOTICE DATED 29/12/2023 ISSUED BY THE
ADVOCATE COMMISSIONER IN MC NO.411/2023.
Annexure.1 TRUE COPY OF THE DEMAND DRAFT NO.241149 DATED
06/01/2024 DRAWN ON FEDERAL BANK LTD, ANNA NAGAR
BRANCH, CHENNAI IN FAVOUR OF THE REGISTRAR, DRAT,
CHENNAI.
Annexure.2 TRUE COPY OF THE MEMO DATED 08/01/2024 FILED BEFORE THE
DRAT, CHENNAI IN AIR (SA) NO.1487/2023.
Annexure.3 TRUE COPY OF THE NOTICE DATED 29/01/2024 ISSUED BY THE
ADVOCATE COMMISSIONER IN MC NO.411/2023.
