Kerala High Court
Shibu Job Cheeran vs The Authorized Officer Under Sarfaesi ... on 30 October, 2024
OP (DRT) No.263/2024 1/3 Order Date : 30-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Wednesday, the 30th day of October 2024 / 8th Karthika, 1946
OP (DRT) NO. 263 OF 2024
PETITIONERS/APPLICANTS:
1. SHIBU JOB CHEERAN, AGED 47 YEARS, S/O. C.V. JOB, DOOR NO.13-1/56,59,
VAZHAPULLY ARCADE, NEAR LULU CONVENTION CENTRE, AYYANTHOLE P.O.
PUZHAKKAL, THRISSUR , PIN-680003
2. BENCY SHIBU, AGED 43 YEARS, W/O. SHIBU JOB CHEERAN, DOOR
NO.13-1/56,59, VAZHAPULLY ARCADE, NEAR LULU CONVENTION CENTRE,
AYYANTHOLE P.O., PUZHAKKAL, THRISSUR, PIN - 680003
3. M.I. GEORGE, AGED 71 YEARS, S/O. LATE ITTI MATHEW M.V., DOOR
NO.13-1/56,59, VAZHAPULLY ARCADE, NEAR LULU CONVENTION CENTRE,
AYYANTHOLE P.O., PUZHAKKAL, THRISSUR, PIN-680003
RESPONDENTS/DEFENDANTS:
1. THE AUTHORIZED OFFICER, UNDER SARFAESI ACT, STATE BANK OF INDIA SARB
BRANCH, VANKARATH BUILDING, PALARIVATTOM, EDAPPALLY P.O., KOCHI
ERNAKULAM DISTRICT, PIN-682024
2. MATHEW KURUVILA, THARAKANDATHIL, KUREEKAD P.O., CHANDAPARAMBU,
KANAYANNUR, CHOTTANIKKARA, ERNAKULAM DISTRICT, PIN-682312
3. THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI, 7TH FLOOR, SASTRI
BHAVAN ANNEX, HADDSON ROAD, CHENNAI, TAMIL NADU STATE, REPRESENTED
BY THE REGISTRAR, PIN - 600006
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 i) stay all further proceedings to pursuant to
Exhibit P4 order passed by the Debt Recovery Tribunal ii, Ernakulam,
pending disposal of the original petition (drt). ii) direct the
respondents not to use or cause damage to the movable items in the secured
asset which are mentioned in Exhibit P8 report, pending disposal of the
Original Petition (drt).
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.GEORGE POONTHOTTAM (SR.)Advocate along with SRI. NISHA GEORGE &
N.SASI, Advocates for the petitioners and of SRI.M.JITHESH MENON,STANDING
COUNSEL for R1, the court passed the following:
OP (DRT) No.263/2024 2/3 Order Date : 30-10-2024
BASANT BALAJI, J.
--------------------------
OP (DRT) No. 263 of 2024
-------------------------
Dated this the 30th day of October, 2024
ORDER
1. Sri. M. Jithesh Menon, Standing Counsel takes notice for the 1 st
respondent and submits that he had filed a statement on 05.09.2024.
2. The learned Senior Counsel appearing for the petitioner submits
that, Exhibit P-5 is an appeal filed before the DRAT, Chennai against the
Order dated 15.12.2023 in SA No. 502 of 2022 and he has moved Exhibit P-
6 waiver petition as well as Exhibit P-7 stay petition. The Senior Counsel
prays that a direction be issued for consideration of Exhibits P-6 and P-7 at
the earliest.
3. The learned Standing Counsel appearing for the 1st respondent
submits that Exhibit P-6 is an application for waiving the pre-deposit and it
is for the DRAT to consider the same.
4. Heard the Counsel appearing for both the parties. Having considered
the submissions across the Bar, there will be a interim direction to the DRAT,
Chennai to take up Exhibit P-6 waiver petition and pass appropriate orders
after hearing the respondents within a period of one month.
Post on 03.12.2024.
Sd/-
BASANT BALAJI
JUDGE
Svn
OP (DRT) No.263/2024 3/3 Order Date : 30-10-2024
APPENDIX OF OP (DRT) 263/2024
Exhibit -P1 TRUE COPY OF THE ORDER IN IA(IBC) NO. 27/KOB/2021 IN
IBA/133/2019 (CHENNAI BENCH), DATED 13.7.2021 PASSED BY
NATIONAL COMPANY LAW TRIBUNAL, KOCHI BENCH
Exhibit -P2 TRUE COPY OF THE DEMAND NOTICE BEARING NO.
RM/ME/AMPL/SARFAESI/01 DATED 16.6.2017 ISSUED UNDER
SECTION 13(2) OF THE SARFAESI ACT, ALONG WITH ITS TYPED
COPY
Exhibit -P3 TRUE COPY OF THE SALE NOTICE DATED 13.9.2022 ISSUED BY
THE 1ST RESPONDENT BANK.
Exhibit -P4 TRUE COPY OF THE FINAL ORDER DATED 15.12.2023 IN
S.A.NO.502/2022 ISSUED BY THE DRT-2, ERNAKULAM
Exhibit -P5 TRUE COPY OF THE AIR (SA) NO. 1940/2023 FILED BEFORE
THE DRAT, CHENNAI ON 23.12.2023, WITHOUT ITS ANNEXURES.
Exhibit -P6 TRUE COPY OF THE WAIVER PETITION PRESENTED AS I.A.NO.
85/2024 IN AIR(SA) NO. 1940 OF 2023 FILED BEFORE THE
DRAT, CHENNAI ON 27TH DECEMBER 2023
Exhibit -P7 TRUE COPY OF THE UNNUMBERED STAY PETITION IN AIR(SA)
NO. 1940/2023 FILED BEFORE THE DRAT, CHENNAI ON 27TH
DECEMBER 2023
Exhibit -P8 THE REPORT FILED BY THE ADVOCATE COMMISSIONER IN O.S.
NO.13/2024 BEFORE THE HON'BLE MUNSIFF'S COURT,
DEVIKULAM DATED 20.02.2024
Annexure-R1(C) True copy of the judgment issued by this Hon'ble Court
in W.P(C).No.26478/2019 dated 28-10-2019
Annexure-R1(A) True copy of the judgment issued by this Hon'ble Court
in W.P(C)No.31389/2017 dated 13-10-2017
Annexure-R1(B) True copy of the order passed by the Hon'ble DRT-2,
Ernakulam in S.A.No.197/2019 dated 27-12-2019
Annexure-R1(D) True copy of the judgment issued by this Hon'ble Court
in O.P(DRT).No.183/2019 dated 21-11-2019
Annexure-R1(E) True copy of the judgment issued by this Hon'ble Court
in O.P.(DRT). No.20/2021 dated 02-12-2021
Annexure-R1(F) True copy of the Interim order passed by this Hon'ble
Court in W.P.(C).No.20350/2022 dated 23-06-2022
