Kerala High Court
Joy Paul vs South Indian Bank Limited on 3 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:66737
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
OP (DRT) NO. 175 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN AIR NO.1095 OF
2023 OF DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI ARISING
OUT OF THE ORDER/JUDGMENT DATED IN SA NO.269 OF 2023 OF DEBT
RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONER/APPELLANT/APPLICANT :-
JOY PAUL, AGED 55 YEARS
S/O N.T.PAUL, NADACKAL HOUSE, ATHIRAMPUZHA,
KOTTAYAM, PIN - 686562
BY ADVS.
C.S.MANU
DILU JOSEPH
C.A.ANUPAMAN
T.B.SIVAPRASAD
C.Y.VIJAY KUMAR
MANJU E.R.
ANANDHU SATHEESH
ALINT JOSEPH
PAUL JOSE
DAINY DAVIS
RESPONDENTS/RESPONDENTS/DEFENDANTS 1 & 2 AND FORMAL PARTY :-
1 SOUTH INDIAN BANK LIMITED,
PANACKAL BUILDINGS, CENTRAL JUNCTION,
ATHIRAMPUZHA, KOTTAYAM,
OP (DRT) NO. 175 OF 2024
2
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REPRESENTED BY ITS BRANCH MANAGER, PIN - 686562
2 THE AUTHORISED OFFICER & CHIEF MANAGER,
SOUTH INDIAN BANK LIMITED, PANACKAL
BUILDINGS,CENTRAL JUNCTION, ATHIRAMPUZHA,
KOTTAYAM, PIN - 686562
3 DEBT RECOVERY APPELLATE TRIBUNAL,
7TH FLOOR, ADDITIONAL OFFICE BUILDING,SHASTRI
BHAVAN, HADDOWS ROAD, CHENNAI, PIN - 600006
SRI. MOHAN JACOB GEORGE
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP (DRT) NO. 175 OF 2024
3
2024:KER:66737
JUDGMENT
1. The present original petition has been filed by the
petitioner for the following reliefs;
(i) Quash Exhibit P-16 order dated 18-4-2024 in
AIR (SA) Diary No. 1095 of 2023, passed by the
Hon'ble DRAT, Chennai, rejecting the appeal
filed by the petitioner on the ground of non-
compliance of statutory deposit.
(ii) Direct the Debt Recovery Appellate Tribunal,
Chennai to afford the petitioner one months'
time to deposit the balance pre-deposit amount
of Rs. 29,43,691/- (Rupees Twenty Nine Lakhs
Fourty Three Thousand Six Hundred and Ninety
One Only).
(iii) Direct the DRAT, Chennai to take up,
restore/re-admit, consider and pass orders in
Exhibit P-9 appeal.
(iv) Allow cost of the petition to the petitioner
(v) Grant such other and further reliefs as this
Hon'ble Court deems fit and proper in the
circumstances of the case.
2. As per interim order dated 17.07.2024, this Court has
directed the petitioner to pay an amount of Rs.30,00,000/- within
a period of three weeks, i.e., on or before 14.08.2024 and there
was a condition that in case, the petitioner is failed to make
payment of Rs.30,00,000/- on or before 14.08.2024, this orignal
OP (DRT) NO. 175 OF 2024
2024:KER:66737
petition is likely to be dismissed on the next date of posting.
3. The petitioner did not comply with the said interim
order dated 17.07.2024. Vide order dated 02.08.2024, as a last
chance, one week is granted to the petitioner to comply with the
interim order dated 17.07.2024. But the petitioner did not comply
with the interim order dated 17.07.2024, even within the
extended time.
4. In view of the above, this Court finds no
ground/justification to keep this original petition pending and
therefore, the same is dismissed leaving it open to the petitioner
to take recourse to any remedy as may be available to him under
the law.
Accordingly, this Original Petition stands dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
SMA
OP (DRT) NO. 175 OF 2024
2024:KER:66737
APPENDIX OF OP (DRT) 175/2024
PETITIONER EXHIBITS :-
Exhibit P-1 TRUE COPY OF S.A NO. 269 OF 2023,
EXCLUDING THE DOCUMENTS FILED THEREIN
Exhibit P-2 TRUE COPY OF THE DEMAND NOTICE DATED 21-
10-2022 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER
Exhibit P-3 TRUE COPY OF THE POSSESSION NOTICE DATED
8-2-2023 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER
Exhibit P-4 TRUE COPY OF THE NOTICE DATED NIL ISSUED
BY THE ADVOCATE COMMISSIONER APPOINTED BY
THE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM IN
M.C NO. 139 OF 2023
Exhibit P-5 TRUE COPY OF THE I.A NO. 1808 OF 2023 IN
S.A NO. 269 OF 2023 FILED BY THE
PETITIONER BEFORE THE DRT-II, ERNAKULAM
Exhibit P-6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE RESPONDENTS IN I.A NO. 1808 OF 2023
IN SA NO.269 OF 2023 BEFORE THE DRT-II,
ERNAKULAM
Exhibit P-7 TRUE COPY OF THE ORDER DATED 21-7-2023 IN
I.A.NO. 1808 OF 2023 IN SA NO. 269 OF 2023
PASSED BY THE DRT-II ERNAKULAM
Exhibit P-8 TRUE COPY OF THE JUDGEMENT DATED 26-7-2023
IN OP(DRT) NO. 282 OF 2023 PASSED BY THIS
HON’BLE COURT
Exhibit P-9 TRUE COPY OF THE APPEAL MEMORANDUM DATED
7-8-2023 BEARING DIARY NUMBER AIR (SA)
DIARY NO.1095 / 2023 EXCLUDING THE
OP (DRT) NO. 175 OF 2024
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ANNEXURES THERETO FILED BY THE PETITIONER
BEFORE THE DEBT RECOVERY APPELLATE
TRIBUNAL, CHENNAI
Exhibit P-10 TRUE COPY OF THE APPLICATION FOR STAY
DATED 7-8-2023 BEARING DIARY NUMBER I.A
DIARY NO. 1096/2023 IN AIR (SA) DIARY
NO.1095 / 2023 FILED BY THE PETITIONER
ALONG WITH THE APPEAL BEFORE THE DEBT
RECOVERY APPELLATE TRIBUNAL, CHENNAI
Exhibit P-11 TRUE COPY OF THE JUDGEMENT DATED 25-8-2023
IN OP (DRT) NO. 324 OF 2023 PASSED BY THIS
HON’BLE COURT
Exhibit P-12 TRUE COPY OF THE ORDER DATED 26-12-2023 IN
I.A NO. 454 OF 2023 IN DIARY NO. AIR (SA)
NO. 1095 PASSED BY THE DEBTS RECOVERY
APPELLATE TRIBUNAL, CHENNAI
Exhibit P-13 TRUE COPY OF THE ORDER DATED 10-1-2024 IN
I.A NO. 32 OF 2024 IN I.A NO. 454 OF 2024
IN AIR(SA) DIARY NO. 1095 OF 2023 PASSED
BY THE DRAT, CHENNAI
Exhibit P-14 TRUE COPY OF THE APPLICATION DATED 17-4-
2024 FILED BY THE PETITIONER THROUGH E-DRT
Exhibit P-15 TRUE COPY OF THE RECEIPT DATED 17-4-2024
FOR HAVING FILED EXHIBIT P-14 APPLICATION
ISSUED BY THE E-DRT PORTAL
Exhibit P-16 TRUE COPY OF THE ORDER DATED 18-4-2024 IN
AIR (SA) DIARY NO. 1095 OF 2023, REJECTING
THE APPEAL, PASSED BY THE DRAT, CHENNAI
WHICH IS DOWNLOADED FROM THE E-DRT PORTAL
