Kerala High Court
T.Beena vs Union Bank Of India on 20 June, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
OP (DRT) No.387/2023 1/4 Order Date : 20-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Thursday, the 20th day of June 2024 / 30th Jyaishta, 1946
OP (DRT) NO. 387 OF 2023
TA 1412/2016 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM, ERNAKULAM
PETITIONER:
T.BEENA, AGED 60 YEARS D/O. LATE THIRUVENKITAM, EARTH SANSKRITI
GARDEN, PERANDOOR ROAD, ELAMAKKARA, ERNAKULAM, KOCHI, PIN - 682026
RESPONDENTS:
1. UNION BANK OF INDIA, BEACH ROAD, KOLLAM BRANCH, KOLLAM DISTRICT,
REPRESENTED BY THE BRANCH MANAGER, PIN - 691001
2. R.DHANALAKSHMY, PROPRIETRIX, SEEMATTI, MAIN ROAD, KOLLAM, PIN -
691578
3. R.VEERESH KUMAR, SEEMATTI, MAIN ROAD, KOLLAM, PIN - 691578
4. R.ANANTHAKUMAR, S/O. V.RAMACHANDRA REDDIAR, SEEMATTI, KOLLAM , PIN -
691578
5. SHAHEED AHMAD , HOUSE NO: 99, CURZON ROAD, CURZON NAGAR, KOLLAM WEST
VILLAGE KOLLAM TALUK, KOLLAM DISTRICT ( SOUGHT TO BE IMPLEADED )
Op (debt recovery tribunal) praying inter alia that in the
circumstances stated in the affidavit filed along with the OP (DRT) the
High Court be pleased to stay all further proceedings in in T.A.No. 1412
of 2016 on the file of Debt Recovery Tribunal-II, Ernakulam pursuant to
exhibit p10 order during the pendency of the op(drt) in the interest of
justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP (DRT) and upon hearing the arguments
of SRI. T.K.VIPINDAS Advocate for the petitioner and of M/S. P.B.KRISHNAN
(SR.), SABU GEORGE, MANU VYASAN PETER & P.B.SUBRAMANYAN Advocates for R2 &
R4 M/S. MADHU RADHAKRISHNAN, NELSON JOSEPH & DEEPAK ASHOK KUMAR,
Advocates for R5, the court passed the following:
OP (DRT) No.387/2023 2/4 Order Date : 20-06-2024
N. NAGARESH, J.
----------------------------
O.P.(DRT) No.387 of 2023
--------------------------------------------------
Dated this the 20th day of June, 2024
ORDER
Interim order is extended by one month.
Post on 27.06.2024.
Sd/-
N. NAGARESH
JUDGE
SR
OP (DRT) No.387/2023 3/4 Order Date : 20-06-2024
APPENDIX OF OP (DRT) 387/2023
Exhibit P1 TRUE COPY OF THE LETTER DATED 24.03.2021 ISSUED BY THE
SOUTH INDIAN BANK, KOTTAYAM BRANCH TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE ORDER IN I.A.260 OF 2021 IN T.A.1412
OF 2016 DATED 05.03.2021 ON THE FILE OF THE DEBTS
RECOVERY TRIBUNAL-II, ERNAKULAM
Exhibit P3 TRUE COPY OF THE CREDIT FACILITY AGREEMENT DATED
27.04.2018 EXECUTED BETWEEN 4TH RESPONDENT AND SOUTH
INDIAN BANK
Exhibit P4 TRUE COPY OF THE MEMORANDUM OF CHARGE/LIEN OVER
DEPOSITS WHERE DEPOSIT IS COLLATERAL ALLEGEDLY EXECUTED
BY LATE SRI.THIRUVENKITAM DATED 27.04.2018 IN FAVOUR OF
SOUTH INDIAN BANK, KOTTAYAM BRANCH
Exhibit P5 THE TRUE COPY OF THE BANK GUARANTEE EXECUTED BETWEEN
4TH RESPONDENT AND SOUTH INDIAN BANK DATED 27.04.2018
Exhibit P6 TRUE COPY OF THE CLAIM PETITION AS I.A.NO. 653/2021 IN
I.A.NO. 260/2021 IN T.A.NO. 1412 OF 2016 WITHOUT
ANNEXURES
Exhibit P7 TRUE COPY OF THE I.A.NO. 657/2021 IN I.A.NO. 260/2021
IN T.A.NO. 1412 OF 2016
Exhibit P8 TRUE COPY OF I.A.656/2021 I.A.NO. 260/2021 IN T.A.NO.
1412 OF 2016
Exhibit P9 TRUE COPY OF THE ARGUMENT NOTE FILED ON BEHALF OF THE
Exhibit P10 TRUE COPY OF THE ORDER IN I.A.653/2021 DATED 31-08-2023
Exhibit P11 THE TRUE COPY OF THE ORDER IN R.P.979/2022 IN IN
W.A.242/2020 DATED 05-04-2023
EXHIBIT R4(A) COPY OF THE BANK GUARANTEE DATED 28-4-2015
EXHIBIT R4(B) COPY OF THE IA No 261 OF 2021 IN TA NO 1412 OF 2016 ON
THE FILES OF DRT-II ERNAKULAM
EXHIBIT R4(C) COPY OF THE COUNTER AFFIDAVIT FILED IN OP(DRT) 46 OF
EXHIBIT R4(D) COPY OF THE COUNTER AFFIDAVIT FILED IN IA No 653 OF
2023 IN TA No 1412 OF 2016
Exhibit R1H A true copy of the order dated 14.10.2020 in IA No.
1991/2019 in TA 1412/16 of DRT 2 Ernakulam
Exhibit R1 I A true copy of this memo dated 14/9/2020 in IA1919/2019
in TA1412/2016 on the file of the DRT 2 Eranakulam
Exhibit R1A A true copy of the common judgment dated 18.12.2019 in
WPC No. 9331/2019 and 11506/2019
Exhibit R1B A true copy of the common judgment dated 6.10.2022 in
WA Nos. 233, 242, 300 and 401 of 2020
Exhibit R1C A true copy of the judgment dated 5.4.2023 passed in RP
No. 979/2022 in WA No. 242/2020
Exhibit R1D A true copy of the order dated 19.5.2023 in SLP (C)
Exhibit R1E A true copy of the memo dated 30.10.2017 filed by the
respondents 2 to 4
Exhibit R1F . A true copy of IA No. 1242/2018 in TA no1412/16 dated
28.5.2018 on the file of the DRT 2 Ernakulam filed by
the respondents 2 to 4
Exhibit R1G A true copy of the application dated 18.12.2019
OP (DRT) No.387/2023 4/4 Order Date : 20-06-2024
Exhibit R1J A true copy of the order dated 4.9.2023 passed in WPC
Exhibit R1K A true copy of the judgment dated 23.11.2023 passed in
Exhibit R4(E) A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
RESPONDENT NO.1 BANK IN I.A NO.653 OF 20221 IN I.A
NO.260 OF 2021 IN T.A NO.1412 OF 2016 ON THE FILE OF
THE DEBTS RECOVERY TRIBUNAL, AT ERNAKULAM, DATED
20-04-2022
Exhibit R4(F) A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
RESPONDENT NO.1 BANK IN I.A NO.656 OF 20221 IN I.A
NO.260 OF 2021 IN T.A NO.1412 OF 2016 ON THE FILE OF
THE DEBTS RECOVERY TRIBUNAL, AT ERNAKULAM, DATED
20-04-2022
Exhibit R4(G) A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
RESPONDENT NO.1 BANK IN I.A NO.657 OF 20221 IN I.A
NO.260 OF 2021 IN T.A NO.1412 OF 2016 ON THE FILE OF
THE DEBTS RECOVERY TRIBUNAL, AT ERNAKULAM, DATED
20-04-2022
Exhibit R4(H) A TRUE COPY OF I.A NO.984 OF 2024 IN T.A NO.1412 OF
2016 IN O.A NO.56 OF 2008 ON THE FILE OF THE DEBTS
RECOVERY TRIBUNAL-II, AT ERNAKULAM, DATED 04-01-2024
Exhibit R4(I) A TRUE COPY OF THE LETTER DATED 12-09-2023 ISSUED BY
THE BRANCH MANAGER, UNION BANK, KOLLAM BRANCH
Exhibit R4(J) A TRUE COPY OF THE INTERIM ORDER DATED 19-05-2023 IN
SLP (C) DIARY NO.16464 OF 2023 PASSED BY THE HON'BLE
SUPREME COURT
Exhibit R4(K) TRUE COPY OF THE LETTER DATED 24-05-2023 ISSUED BY THE
AXIS BANK, ALAPPUZHA BRANCH REGARDING THE RTGS
TRANSACTIONS MADE ON 12-02-2016 FROM OUR ACCOUNT TO THE
ACCOUNT OF THIRUVENKITAM.V
