Kerala High Court
Jitheesh P.D vs South Indian Bank on 17 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
OP (DRT) NO. 309 OF 2024
1
2024:KER:77058
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
OP (DRT) NO. 309 OF 2024
AGAINST THE ORDER IN SA NO.381 OF 2024 OF DEBT RECOVERY TRIBUNAL- 2,
ERNAKULAM
PETITIONER/S:
JITHEESH P.D., AGED 47 YEARS
S/O. DIVAKARAN P.K., PATHYALA HOUSE, PERUVALLOOR P.O.,
MULLASSERRY, THRISSUR, PIN - 680508
BY ADVS. BIJU ABRAHAM
SANGEETHA M. SAJAN
RESPONDENT/S:
SOUTH INDIAN BANK,
REGIONAL OFFICE THRISSUR, REGIONAL OFFICE,1ST FLOOR, PLATINUM
JUBILEE BUILDING, CIVIL LANE ROAD, AYYANTHOLE, THRISSUR
REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER, PIN -
680003
OTHER PRESENT:
SRI. SUNIL SHANKAR-SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 17.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 309 OF 2024
2
2024:KER:77058
JUDGMENT
The present OP (DRT) has been filed seeking the following
reliefs:
"A] An order directing the Debt Recovery Tribunal-II, Ernakulam to
consider and pass orders on Exhibit P2 within a time fixed by this
Hon'ble court.
B] An order directing the respondent bank not to continue any
further with the proceedings under the SARFAESI Act against the
petitioner and his property, till a report is obtained by the Tribunal
under Exhibit P2.
C] Any other appropriate writ, order or directions as this Hon'ble
court deems fit on the fact and in the circumstances of the case and
allow this petition with cost.
D]. Kindly dispense with the filing of the translation of vernacular
documents."
2. Considering the facts of the case, the Debts Recovery
Tribunal-II is directed to take up the application in Ext.P2 filed by
the petitioner and decide the same expeditiously, preferably
within one month, in accordance with the law.
OP (DRT) NO. 309 OF 2024
2024:KER:77058
With the aforesaid direction, the OP (DRT) stands disposed of.
Sd/-
D. K. SINGH
JUDGE
jjj
OP (DRT) NO. 309 OF 2024
2024:KER:77058
APPENDIX OF OP (DRT) 309/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SECURITIZATION APPLICATION FILED
BY THE PETITIONER BEFORE THE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM AS S.A. NO. 381/2024 DATED 03-
06-2024
Exhibit P2 A TRUE COPY OF THE COMMISSION APPLICATION FILED AS
I.A. NO. 2208/2024 IN S.A. NO. 381/2024 DATED 03-06-2024
ON THE FILES OF DEBT RECOVERY TRIBUNAL-II,
ERNAKULAM
Exhibit P3 A TRUE COPY OF THE ADVANCE PETITION FILED AS I.A. NO.
2791/2024 IN S.A. NO. 381/2024 DATED 23-07-2024 ON THE
FILES OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
Exhibit P4 A TRUE COPY OF THE ADVANCE PETITION FILED AS I.A. NO.
3281/2024 IN S.A. NO. 381/2024 DATED 29-08-2024 ON THE
FILES OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
