Kerala High Court
Naseera vs The Authorised Officer on 5 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
OP (DRT) NO. 190 OF 2024
SA NO.213/2024 OF DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM
PETITIONERS/APPLICANTS:
1 NASEERA
AGED 50 YEARS
W/O HAMZAKOYA KONARI,
THEKKEPPURATH HOUSE,
KODAKKAD (PO),
CHETTIPPADI,
MALAPPURAM DIST,
PIN - 676319
2 HAMZA KOYA
AGED 60 YEARS
S/O ALAVI HAJI,
THEKKEPPURATH HOUSE,
KODAKKAD(PO),CHETTIPPADI,
MALAPPURAM DIST, PIN - 676319
BY ADV M.DEVESH
RESPONDENTS/RESPONDENTS:
1 THE AUTHORISED OFFICER
PUNJAB NATIONAL BANK,
SHATHABDI BHAVAN,
MINI BYE PASS ROAD,
GOVINDAPURAM,
KOZHIKODE DIST,
PIN - 673016
OP(DRT) No.190 of 2024
2
2 THE BRANCH MANAGER
PUNJAB NATIONAL BANK,
SHATHABDHI BHAVAN,
MINI BYE PASS ROAD,GOVINDAPURAM,
KOZHIKODE DIST, PIN - 673016
BY ADV C.AJITH KUMAR
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(DRT) No.190 of 2024
3
JUDGMENT
Dated this the 5th day of June, 2024
When the Punjab National Bank initiated proceedings
against the petitioners, invoking the provisions of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002, the petitioners
filed S.A. No.213 of 2024 before the Debts Recovery
Tribunal-I, Ernakulam
2. By Ext.P2 proceedings dated 15.03.2024, the
Debts Recovery Tribunal directed that the issuance of Sale
Certificate pursuant to the sale scheduled, if held and
confirmed, shall stand deferred.
3. The grievance of the petitioners is that in order to
overcome the order of the Debts Recovery Tribunal, the Bank
has issued Ext.P3 fresh notification for sale of the secured
asset.
4. Counsel for the petitioners contend that when
Ext.P2 interim order is in force, the Bank is not justified in
overreaching Ext.P2 order by publishing a fresh sale
notification. In spite of Ext.P2 order, if the sale takes place
and the same is confirmed, the petitioners will be put to
irreparable loss and injury.
5. Standing Counsel entered appearance and resisted
the writ petition. On behalf of the respondents, it is submitted
that there is no prohibition by the Debts Recovery Tribunal in
Ext.P2 proceedings for notifying a second sale. Even in
Ext.P2, what is prohibited is only the confirmation of the sale
which was then scheduled. The said sale did not fructify.
Therefore, nothing prevents the Bank in issuing Ext.P3
notification. As regarding the confirmation of sale pursuant to
Ext.P3, the date of sale is yet not arrived as it is scheduled to
be held on 18.06.2024.
6. I have heard the learned counsel for the petitioners
and the learned Standing Counsel representing the
respondents.
7. It is evident from the pleadings and arguments that
by Ext.P2 order, the Debts Recovery Tribunal-I, Ernakulam
had directed the Bank that issuance of Sale Certificate, if sale
is held and confirmed, shall stand deferred. The sale did not
take place. The petitioners' grievance is that the Debts
Recovery Tribunal was not holding its regular sittings for a
considerable period recently. If in the meanwhile, the sale
pursuant to Ext.P3 is held and the same is confirmed, the
petitioners will be put to untold hardship.
8. If the petitioners are aggrieved by Ext.P3, then the
petitioners will have to challenge Ext.P3 by incorporating
necessary amendments to S.A. No.213 of 2024.
9. Taking into consideration the facts of the case and
Ext.P2 proceedings, I am of the view that the petitioners shall
be granted reasonable time to approach the Debts Recovery
Tribunal with appropriate prayers.
In the facts of the case, the O.P(DRT) is disposed of
directing the petitioners to approach the Debts Recovery
Tribunal-I, Ernakulam with necessary prayers on or before
15.06.2024. If the Debts Recovery Tribunal does not hold
sitting by that period, coercive proceedings against the
petitioners shall stand deferred till the Debts Recovery
Tribunal considers the application of the petitioners. If the
petitioners fail to make appropriate application before the
Tribunal before 15.06.2024, the Bank will be at liberty to
proceed against the petitioners in accordance with law.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF OP (DRT) 190/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE MEMORANDUM OF SA
213/2024 ON THE FILES OF THE DEBT
RECOVERY TRIBUNAL,I,ERNAKULAM
Exhibit P2 THE TRUE COPY OF THE INTRIEM ORDER
DATED 15/03/2024 ON THE FILES OF THE
DRT,I ERNAKULAM
Exhibit P3 THE TRUE COPY OF THE FRESH SALE NOTICE
ISSUED BY THE RESPONDENT BANK DATED
27/05/2024
