Kerala High Court
Joseph.P.A vs The Authorized Officer on 3 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
OP (DRT) No.470/2023 1/3 Order Date : 03-09-2024
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. 470 OF 2023
SA 327/2023 OF DEBT RECOVERY TRIBUNAL,ERNAKULAM
PETITIONER/APPLICANT IN SA:
JOSEPH.P.A, AGED 64 YEARS, S/O.ABRAHAM, RESIDING AT : PANTHAPPILLIL
HOUSE, PARAYANGADU, KOODARANJ I P.O, KOZHIKODE DISTRICT, PIN-673604
RESPONDENTS/DEFENDANTS IN SA:
1. THE AUTHORIZED OFFICER, IDBI BANK LTD, REGIONAL OFFICE AT CITY
PLAZA, 2ND FLOOR, YMCA CROSS ROAD, KOZHIKODE, PIN-673001
2. IDBI BANK LTD, MALAPPURAM BRANCH, V COMPLEX, NEAR PASSPORT OFFICE,
PARAPPANANGADI ROAD, MALAPPURAM, REPRESENTED BY ITS BRANCH MANAGER,
PIN-676519
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 pass an interim order directing respondents not
to take physical possession or sell the property mentioned in Exhibit P6
possession notice pending disposal of O.P (DRT).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP (DRT) and this Court's order
dated 06.06.2024 and upon hearing the arguments of M/S. Rajendran T.G &
T.R.TARIN, Advocates for the petitioner and of KIRAN M.S., REMESH KARTHA
E.K., ROHITH R. KARTHA & LISHA WILLIAM, Advocates for the respondents, the
court passed the following:
OP (DRT) No.470/2023 2/3 Order Date : 03-09-2024
DINESH KUMAR SINGH, J.
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O.P.(DRT) No. 470 of 2023
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Dated: 3rd September 2024
ORDER
Post the matter on 25.09.2024.
The interim order granted earlier is extended till the
next date of posting on condition that if the petitioner fails to
remit Rs.5 lakhs as directed vide interim order dated
09.01.2024 and extended by this Court vide orders dated
01.03.2024 and 06.06.2024, the writ petition shall stand
dismissed on the next date of posting.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
OP (DRT) No.470/2023 3/3 Order Date : 03-09-2024
APPENDIX OF OP (DRT) 470/2023
Exhibit P1 TRUE COPY OF S.A.N0.327/2023 FILED BY THE APPLICANT
BEFORE THE TRIBUNAL (WITHOUT ANNEXURES) DATED
22.06.2023
Exhibit P2 TRUE COPY OF DEMAND NOTICE DATED 06-01-2023 ISSUED BY
THE FIRST RESPONDENT UNDER SECTION 13(2) OF THE
SARFEASI ACT TO THE PETITIONER
Exhibit P3 TRUE COPY OF REPLY/ OBJECTION DATED 01-02-2023
SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT
Exhibit P4 TRUE COPY OF REPLY DATED 07-02-2023 SEND BY THE FIRST
DEFENDANT TO THE APPLICANT
Exhibit P5 TRUE COPY OF JUDGMENT DATED 06-03-2023 PASSED BY THIS
HON'BLE COURT IN W.P(C) NO.37504/2022
Exhibit P6 TRUE COPY OF POSSESSION NOTICE DATED 16-03-2023 ISSUED
BY THE FIRST RESPONDENT TO THE PETITIONER
Exhibit P7 TRUE COPY OF C.M.P.NO.809/2023 FILED BY THE SECOND
RESPONDENT BANK BEFORE THE CHIEF JUDICIAL MAGISTRATE
COURT, KOZHIKODE UNDER SECTION 14 OF THE SARFEASI ACT
ALONG WITH AFFIDAVIT
Exhibit P8 TRUE COPY OF ORDER DATED 20-05-2023 PASSED BY CHIEF
JUDICIAL MAGISTRATE COURT, KOZHIKODE IN
C.M.P.N0.809/2023
Exhibit P9 TRUE COPY OF NOTICE DATED NIL (JUNE 2023) ISSUED BY
ADVOCATE COMMISSIONER (ADV VASUDEVAN K K) TO THE
PETITIONER
Exhibit P10 TRUE COPY OF IA.NO.2114/2023 (STAY PETITION) FILED BY
THE PETITIONER IN S.A.NO.327/2023
Exhibit P11 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
RESPONDENTS IN I.A.NO.2114/2023 BEFORE DRT-1, ERNAKULAM
Exhibit P12 TRUE COPY OF THE PROCEEDINGS DATED 25-07-2023 OF DRT-1,
ERNAKULAM IN S.A.NO.327/2023 AVAILABLE IN THE WEBSITE
(DRT.GOV.IN)
Exhibit P13 TRUE COPY OF I.A.NO.3156/2023 FILED BY THE PETITIONER
IN S.A.NO.327/2023 (WITHOUT ANNEXURES)
Exhibit P14 TRUE COPY OF THE PROCEEDINGS DATED 20-09- 2023 OF
DRT-1, ERNAKULAM IN S.A.N0.327/2023 AVAILABLE IN THE
WEBSITE (DRT.GOV.IN)
Exhibit P15 TRUE COPY OF THE ADDITIONAL COUNTER AFFIDAVIT FILED BY
THE RESPONDENTS IN I.A.NO.2114/2023 IN S.A.NO.327/2023
(WITHOUT ANNEXURES) DATED 16.08.2023
Exhibit P16 TRUE COPY OF THE PROCEEDINGS DATED 03-10-2023 OF DRT-1,
ERNAKULAM IN S.A.NO.327/2023 AVAILABLE IN THE WEBSITE
(DRT.GOV.IN)
Exhibit P17 TRUE COPY OF ORDER DATED 09-10-2023 PASSED BY THE
DRT-1, ERNAKULAM IN I.A.NO.2114/2023 IN S.A.NO.327/2023
