Kerala High Court
Noushad K.E vs Hdfc Bank Ltd on 7 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
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OP(DRT)No. 334 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024/16TH KARTHIKA, 1946
OP (DRT) NO. 334 OF 2024
AGAINST THE ORDER DATED 29.10.2024 IN SA NO.786 OF
2024 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONERS:
1 NOUSHAD K.E,
AGED 54 YEARS, S/O. ABDUL GAFOOR RAJEENAS,
AZHEEKKAL P.O., NEW MAHE,
KANNUR DISTRICT, PIN - 673311.
2 RAHMATH,
AGED 69 YEARS, W/O. ABDUL GAFOOR,
RAJEENAS, AZHEEKKAL P.O.,
NEW MAHE, KANNUR DISTRICT, PIN - 673311.
3 SAJINA NOUSHAD,
AGED 49 YEARS, W/O. NOUSHAD K. E. AROMA,
GOPALAPETTA P. O., TEMPLE GATE, THALASSERY,
KANNUR DISTRICT, PIN - 670102.
BY ADVS.
DENU JOSEPH
MUHISEENA.V.Z
MANJU M.K.
RESPONDENTS:
1 HDFC BANK LTD.,
YESSARGE BUIDLING, HOSPITAL ROAD, MAHE,
PONDICHERRY-REPRESENTED BY ITS BRANCH MANAGER,
PIN - 673310.
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2 THE AUTHORIZED OFFICER,
HDFC BANK LTD., SIMAX TOWERS, NADAKKAVU,
KOZHIKODE, PIN - 673011.
SRI. JOHN PRAKASH
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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D. K. SINGH, J.
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OP (DRT) No. 334 of 2024
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Dated this the 7th day of November, 2024
JUDGMENT
1. The present original petition under Article 227 of the
Constitution of India has been filed by the petitioners impugning the
interim order passed by the DRT - 2, Ernakulam on 29.10.2024 in SA
No. 786 of 2024 whereby the Tribunal has directed the petitioners to
make payment of Rs. 2,00,00,000/- on or before 11.11.2024 and
subject to making payment of Rs. 2,00,00,000/-, the physical
possession of the secured assets shall be deferred by the Bank in the
meantime. The Tribunal has taken the figure of Rs. 4,34,80,874/- as the
outstanding dues of the Bank to be recovered from the petitioners.
2. The learned Counsel for petitioners submits that the Tribunal
has not taken note of the amount already paid by the petitioners and,
therefore, there is non-application of mind.
3. I do not find the submission advanced by the learned Counsel for
the petitioners tenable. If there is any factual error occurred in the
Order, the petitioners very well can move an application for
amendment of the Order.
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4. The learned Counsel for the Bank, however, submits that, as of
today the total outstanding is Rs. 4,06,42,852/-, which figure has been
disputed by the learned Counsel for the petitioners.
5. Be that as it may, the Bank shall furnish the statement of
accounts to the petitioners in respect of the loan advanced by them
within two days from today through e-mail. The e-mail ID shall be
shared with the learned Counsel for the Bank by the learned Counsel
for the petitioners.
6. In view of the aforesaid facts, I do not find that the Tribunal has
committed any error of law or jurisdiction. If it is the case of the
petitioners that the Tribunal has noted incorrect facts, the petitioners
are at liberty to move an appropriate application for amendment of
the Order passed by the Tribunal on 29.10.2024.
7. With the aforesaid liberty the present original petition is
disposed of. Till 12.11.2024, the physical possession of the secured
assets shall be deferred by the Bank subject to further orders passed
by the Tribunal.
Sd/-
D. K. SINGH
JUDGE
Svn
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APPENDIX OF OP (DRT) 334/2024
PETITIONERS' EXHIBITS
EXHIBIT.P1 (PART-1) THE COPY OF THE SA NO. 786/2024 DATED
25.10.2024
EXHIBIT.P1 (PART-2) THE COPY OF THE SA NO. 786/2024 DATED
25.10.2024
EXHIBIT.P2 THE COPY OF THE I.A. NO. 3915/2024
DATED 25.10.2024 SEEKING STAY OF THE
PROCEEDINGS PURSUANT TO ANNEXURE A8
NOTICE OF THE ADVOCATE COMMISSIONER
IN EXHIBIT P1 SA
EXHIBIT.P3 THE COPY OF THE I.A. NO. 3914/2024
DATED 25.10.2024 SEEKING PRODUCTION
OF DOCUMENTS IN EXHIBIT P1 SA
EXHIBIT.P4 THE COPY OF THE ORDER DATED
29.10.2024 PASSED BY DRT I,
ERNAKULAM
