Kerala High Court
Prince Mattom vs Union Bank Of India on 11 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
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OP (DRT) No. 333 OF 2024
2024:KER:84797
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 11TH DAY OF NOVEMBER 2024/20TH KARTHIKA, 1946
OP (DRT) NO. 333 OF 2024
PETITIONERS:
1 PRINCE MATTOM,
AGED 45 YEARS,
16F JUPITER TRINITY WORLD, CHITTETTUKARA,
KAKKANAD,ERNAKULAM, PIN - 682037.
2 THANKU PRINCE,
AGED 39 YEARS, W/O PRINCE MATTOM,
16F JUPITER TRINITY WORLD, CHITTETTUKARA,
KAKKANAD, ERNAKULAM, PIN - 682037.
BY ADVS.
K.RAJEEV
V.VISAL AJAYAN
NIVEDITHA R. MENON
RESPONDENTS:
1 UNION BANK OF INDIA,
REP. BY ITS BRANCH MANAGER,
KAKKANAD BRANCH, ELLIKKAL BUILDING,
PAREKKATTTU TEMPLE ROAD, CHEMBUMUKKU,
KAKKANAD, ERNAKULAM, PIN - 682021.
2 THE AUTHORISED OFFICER,
UNION BANK OF INDIA, KAKKANAD BRANCH,
ELLIKKAL BUILDING,PAREKKATTTU TEMPLE ROAD,
CHEMBUMUKKU, KAKKANAD, ERNAKULAM, PIN - 682021.
3 C. R. SEBASTIAN,
S/O C V RAPHEL,CHAMMANYKODOTH HOUSE,
PALARIVATTOM P.O., KOCHI, PIN - 682025.
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4 K. R. SHAJAN JOSEPH,
S/O LATE K.L JOSEPH, KOMAROTH HOUSE,
AZAD ROAD, KALOOR, ERNAKULAM, PIN - 682017.
5 ANIL KUMAR PALATHINKAL,
S/O. GEORGE P.U PALATHINKAL HOUSE NF GATE,
OFF PETTA BRIDGE, NADAMA VILLAGE,
TRIPUNITHARA, ERNAKULAM, PIN - 682301.
SRI. A. S. P. KURUP - SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 11.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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D. K. SINGH, J.
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OP (DRT) No. 333 of 2024
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Dated this the 11th day of November, 2024
JUDGMENT
1. The present original petition has been filed for the following
reliefs;
i. To issue appropriate Order directing the Debts Recovery
Tribunal-I, Ernakulam to consider and pass orders on Ext-P5,
that is, I.A No. 963/2024 in S.A. No.204/2021 expeditiously,
within a reasonable time limit to be fixed by this Hon'ble
Court.
ii. To direct the Debts Recovery Tribunal-I, Ernakulam to
consider and pass orders on Ext-P2, i.e., I.A S.A. No.204/2021
expeditiously, within a reasonable time limit to be fixed by this
Hon'ble Court.
iii. To issue an appropriate Order to the Debt Recovery
Tribunal-I, Ernakulam to vacate the Ext-P6 Interim Order.
iv. To grant such other and further reliefs as this Hon'ble Court
may deem fit to grant in the facts and circumstances of the
case.
2. The petitioners are the auction purchasers of the secured
assets and they have paid the entire sale consideration for an
amount of Rs. 2,60,58,000/-. The DRT - I, Ernakulam has passed an
interim order in I. A. No. 963 of 2024 in S. A. No. 204 of 2021
directing the Bank not to issue the sale certificate in the meantime.
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The auction purchaser has filed an application to vacate the said
interim order passed by the Tribunal.
3. The learned Counsel for the Bank submits that the pleadings
have been exchanged in the said SA, the present original petition
can be disposed of with direction to the DRT to consider and
dispose of the SA in a time bound manner.
4. Considering the aforesaid facts, the present original petition
is disposed of with direction to the DRT - I, Ernakulam to dispose of
the pending S. A. No. 204 of 2021 expeditiously, preferably within a
period of two weeks.
Sd/-
D. K. SINGH
JUDGE
Svn
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APPENDIX OF OP (DRT) 333/2024
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE TO BORROWERS, DATED
11.07.2019.
EXHIBIT P2 TRUE COPY OF THE SECURITISATION APPLICATION
NO. 204/2021 DATED 12.10.2021,WITHOUT THE
ANNEXURES.
EXHIBIT P3 TRUE COPY OF THE PUBLIC SALE NOTICE DATED
29.12.2023 FOR ONLINE E AUCTION ISSUED BY THE
2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE E-MAIL ISSUED BY THE
RESPONDENT NO.2 CONFIRMING THE RECEIPT OF 25%
OF THE SALE AMOUNT, DATED 25.01.2024.
EXHIBIT P5 TRUE COPY OF THE STAY APPLICATION NUMBERED AS
I.A NO. 963/2024, DATED 03.03.2024 WITHOUT THE
ANNEXURES HAS BEEN ATTACHED.
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS SHEET IN S.A NO.
204/2021 OF DRT-I, ERNAKULAM DATED 13.03.2024.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 07.02.2024
GRANTING EXTENSION OF TIME, BY THE RESPONDENT
BANK.
EXHIBIT P8 TRUE COPY OF THE IMPLEADING PETITION DATED
27.03.2024 FILED BEFORE THE DRT-I.
EXHIBIT P9 TRUE COPY OF THE PROCEEDING DATED 19.07.2024
IN IA NO. 1500/2024 IN SA NO. 204/2021.
EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS OF THE DRT-I,
ERNAKULAM ON THE RELEVANT DATES OF 10.09.2024.
EXHIBIT P11 TRUE COPY OF THE PROOF OF PAYMENT MADE DATED
23.10.2024 HAS BEEN ATTACHED.
