Kerala High Court
M/S. Dilruba Garments Represented By ... vs Authorised Officer on 22 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
OP (DRT) NO. 316 OF 2024
1
2024:KER:79028
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
OP (DRT) NO. 316 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN SA NO.661 OF 2024 OF DEBT
RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONERS/APPLICANT/PETITIONER:
1 M/S. DILRUBA GARMENTS REPRESENTED BY THE PROPRIETOR SHYMA
S.,
AGED 34 YEARS
W/O. NASSIM RESIDING @ KALEELIL PUTHEN
VEEDU,KUTTIVATTOM, VADAKKUMTHALA .P.O.KARUNAGAPALLY, PIN -
690536
2 MRS. SHYMA.S,
AGED 34 YEARS
W/O NASSIM.E KALEELIL PUTHEN VEEDUVADAKKUMTHALA
.P.OKARUNAGAPALLY, PIN - 690536
3 MR.NASSIM.E.,
AGED 44 YEARS
KALEELIL PUTHEN VEEDU, ADAKKUMTHALA .P.O.,KARUNAGAPALLY, PIN
- 690536
4 MR.SHINE.S,
AGED 36 YEARS
DANDU MANGALAM, KALLELIL BHAGOM P.O, THODIYOOR, KOLLAM, PIN
- 690518
BY ADVS.
R.KISHORE (KALLUMTHAZHAM)
SYED MUHAMMED SALIH A.N.(K/528/2013)
RESPONDENTS/DEFENDANTS:
1 AUTHORISED OFFICER,
UNION BANK OF INDIA, KUTTIVATTOM BRANCH ANAND ARCADE,
VADAKKUMTHALA .P.O, KUTTIVATTOM, KARUNAGAPALLY, PIN - 690536
2 UNION BANK OF INDIA,
REPRESENTED BY BRANCH MANAGER ,KUTTIVATTOM BRANCH,ANAND
ARCADE, VADAKKUMTHALA .P.O, KUTTIVATTOM, KARUNAGAPALLY, PIN
OP (DRT) NO. 316 OF 2024
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2024:KER:79028
- 690536
BY ADVS.
ASP.KURUP
SADCHITH.P.KURUP(K/1419/2002)
C.P.ANIL RAJ(K/872/2007)
SIVA SURESH(K/2688/2022)
B.SREEDEVI(K/169/2024)
ATHIRA VIJAYAN(K/199/2024)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 316 OF 2024
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2024:KER:79028
JUDGMENT
Dated this the 22nd day of October, 2024
The present Original Petition has been filed seeking
the following prayers:
i. To issue a direction to the 1st respondent to defer all the
further proceedings in Exhibit:P2,P3 and P7 till the
Interlocutory Application numbered as /2024 in SA 661/2024
is heard and disposed of by the Tribunal in the interest of
Justice.
ii. To Stay the proceedings in Exhibit:P2,P3 and P7 till the
Interlocutory Application numbered as /2024 in SA 661/2024
is heard and disposed of in the interest of Justice.
iii. To issue a direction to the 1st respondent to provide
installments to the Petitioner to settle the Loan Outstanding
of in the interest of Justice.
iv. To grant such other relief's as this Hon'ble court may deem
fit in the circumstances of this case.
During the pendency of this original petition, possession
has already been taken. The petitioner may press his application
before the DRT itself. This Court is not inclined to grant the
relief as prayed for. Therefore, the present original petition is
hereby dismissed. The petitioner may pursue his remedy in S.A
No.661/2024, before the DRT-II, Ernakulam.
Sd/-
D. K.SINGH
JUDGE
AP
OP (DRT) NO. 316 OF 2024
2024:KER:79028
APPENDIX OF OP (DRT) 316/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SAID NOTICE DATED 19.09.2024
Exhibit P2 THE TRUE COPY OF THE POSSESSION NOTICE FROM THE
1ST RESPONDENT DATED 08.10.2021
Exhibit P3 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 1ST
RESPONDENT DATED 05.04.2022
Exhibit P4 TRUE COPY OF THE BANK STATEMENT DATED 22.09.2024
Exhibit P5 . THE COPY OF THE S A NO 661/2024 BEFORE THE
DEBTS RECOVERY TRIBUNAL AT ERNAKUMAL II FILED ON
23/09/24
Exhibit P6 THE TRUE COPY OF THE PROCEEDINGS ISSUED BY THE
DEBT RECOVERY TRIBUNAL ERNAKULAM II DATED 2024
Exhibit P7 THE TRUE COPY OF THE ADVOCATE NOTICE DATED
14.10.2024
Exhibit P8 TRUE COPY OF THE STAY PETITION AND AFFIDAVIT
FILED BY THE PETITIONER NUMBERED AS 3809/2024
