Kerala High Court
K.R. Shajan Joseph vs Indian Overseas Bank on 6 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
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2024:KER:67671
OP (DRT) NO. 277 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
OP (DRT) NO. 277 OF 2024
PETITIONER/S:
1 K.R. SHAJAN JOSEPH
AGED 58 YEARS
S/O. LATE K.L. RAPHEL, PROPRIETOR, M/S. TIMBER GLASS HOUSE,
KOMAROTH HOUSE, AZAD ROAD, KALOOR, ERNAKULAM, PIN - 682017
2 SHAINA SHAJAN
AGED 54 YEARS
W/O. K.R. SHAJAN JOSEPH, KOMAROTH HOUSE, AZAD ROAD, KALOOR,
ERNAKULAM, PIN - 682017
BY ADVS.
V.K.PEERMOHAMED KHAN
GIRISH KUMAR V.C
RESPONDENT/S:
1 INDIAN OVERSEAS BANK
REP. BY ITS BRANCH MANAGER, ERNAKULAM BRANCH, THEKKEKKARA
MANSION, FIRST FLOOR, M.G. ROAD, ERNAKULAM, PIN - 682035
2 THE AUTHORISED OFFICER
INDIAN OVERSEAS BANK, ERNAKULAM BRANCH, THEKKEKKARA MANSION,
FIRST FLOOR, M.G. ROAD, ERNAKULAM, PIN - 682035
3 SHAJI PETER KATTASSERIL
KATTASSERY HOUSE, PONEKARA, EDAPPALLY S.O, ERNAKULAM, KOCHI,
PIN - 682024
2
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OP (DRT) NO. 277 OF 2024
OTHER PRESENT:
SRI.P.B. KRISHNAN-SR
SRI. SUNIL SHANKAR-SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (DRT) NO. 277 OF 2024
JUDGMENT
The present writ petition has been filed for the following reliefs:-
1). Call for the files leading to Exhibit-P1 S.A. and the
proceedings as per Ext-P.4 to P.6 and quash Ext-P.4, P.5
and P.6;
2). Issue appropriate orders on original petition, order or
direction to quash Ext-P.4 to P.6 proceedings in SA No.
244/2021 on the files of Debts Recovery Tribunal-I,
Ernakulam and to direct the Debts Recovery Tribunal-I,
Ernakulum to re-open the matter as per Ext-P7 petition
and to pass final orders in the SA only after hearing the
case of the petitioners by affording opportunity to make
reply arguments in accordance with law within the time
as framed by this Honourable Court;
3). Pass such other order or direction which this
Honorable court deem fit and proper to grant in the
circumstances of the case along with costs of the
proceedings;
4). Allow this Original Petition with costs.
2. Arguments had been heard in S.A No.244 of 2021and it is listed today for
orders.
3. The learned counsel for the petitioners submits that the petitioners need
15 minutes time to advance some further arguments as some new documents
have been placed on record by the Bank.
4. Considering the limited prayer made, this writ petition is disposed of
directing the Debts Recovery Tribunal Ernakulam - I to allow the applicants in S.A
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OP (DRT) NO. 277 OF 2024
No.244 of 2021 to make further arguments not exceeding 30 minutes. After
hearing the petitioners for a maximum period of 30 minutes today, the Tribunal
may pronounce the order.
Sd/-
DINESH KUMAR SINGH
JUDGE
Sru
2024:KER:67671
OP (DRT) NO. 277 OF 2024
APPENDIX OF OP (DRT) 277/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AMENDED SECURITIZATION
APPLICATION FILED ON 09.02.2024 IN SA NO.
244/2021 BEFORE THE DEBT RECOVERY TRIBUNAL-I,
ERNAKULAM WITHOUT ANNEXURES
Exhibit P2 TRUE COPY OF THE PETITION FILED BY THE RESPONDENT
BANK TO ACCEPT ADDITIONAL DOCUMENT DATED
03.07.2024
Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
PETITIONERS HEREIN IN IA NO: 2440/ 2024 IN SA NO:
244/2021 DATED 08.07.2024
Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 19.07.2024 OF
THE HHONORABLE DRT-I, ERNAKULAM IN SA NO:
Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 05.08.2024 OF
THE HONORABLE DRT-I, ERNAKULAM IN SA NO: 244/2021
Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 19.08.2024 OF
DRT-I, ERNAKULAM IN SA NO: 244/2021
Exhibit P7 TRUE COPY OF THE PETITION DATED 03.09.2024 FOR
RE-OPEN THE CASE FILED AS PER DIARY NO: 3509/2024
BEFORE THE DRT-I, ERNAKULAM
Exhibit P8 TRUE COPY OF THE MEMO DATED 12.08.2024 FILED BY
THE RESPONDENT BANK BEFORE THE DRT-I, ERNAKULAM
IN SA NO: 244/2021
