Hussain.K.C Alias Ussain.K.C vs Hdfc Bank Limited
2024 Latest Caselaw 27274 Ker

Kerala High Court

Hussain.K.C Alias Ussain.K.C vs Hdfc Bank Limited on 11 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                      2024:KER:69107

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

   WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                       OP (DRT) NO. 283 OF 2024

     AGAINST THE ORDER/JUDGMENT DATED IN SA NO.360 OF 2024 OF DEBT

RECOVERY TRIBUNAL, ERNAKULAM

PETITIONER:
           HUSSAIN.K.C ALIAS USSAIN.K.C
           AGED 70 YEARS
           S/O.ABDULLA MOULAVI, KUNNATH CHALIL HOUSE,
           CHANNAMANGALLUR, MUKKAM.P.O., THAZHEKODE, KOZHIKODE.,
           PIN - 673602

          BY ADVS.
          ZAKEER HUSSAIN
          K.A.SANJEETHA



RESPONDENTS:

          HDFC BANK LIMITED
          HDFC HOUSE, P.B.NO.1667, RAVIPURAM JUNCTION, MG ROAD,
          KOCHI. REPRESENTED BY ITS AUTHORISED OFFICER., PIN -
          682015

          BY ADVS.
          AMBILY S
          RUPA R. NAIR(K/001021/2023)
          RUBAN JOE TONIYO(K/002926/2022)
          K.K.CHANDRAN PILLAI (SR.)(C-41)

          S. AMBILY-SC


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                    2024:KER:69107
OP (DRT) NO. 283 OF 2024

                                      2
                                 JUDGMENT

The present original petition has been filed with the following

prayers:-

"i) to issue appropriate direction to the Debt Recovery Tribunal-

1, Ernakulam to dispose of Exhibit.P6 Amendment Application and Exhibit.P3 SA No.360/2024 within a reasonable time frame fixed by this Hon'ble Court.

ii) to direct the respondent not to take any coercive steps to dispossess the petitioner and his family from his residential property till Exhibit.P6 Amendment Application and Exhibit. P3 SA is considered and disposed by the DRT-I, Ernakulam.

iii) to grant any other relief this Honourable Court deems fit in the nature and circumstances of the case."

2.The Debt Recovery Tribunal, Ernakulam has passed an

interim order on I.A No. 2051 of 2024 in SA No. 360/2024, filed by the

petitioner, whereby the petitioner was directed to pay sum of Rs.

7,00,000/- on or before 14.06.2024 as first installment and another sum

of Rs.7,00,000/- to the respondent Bank on or before 14.07.2024 as

second installment.

3.Considering the submission made on behalf of the petitioner

and respondent Bank, the present original petition is disposed of, with

direction to the petitioner to comply with the interim order passed by

the DRT and make payment of the first installment on or before

30.09.2024 and next installment on or before 30.10.2024.

In case the petitioner does not make the payment as directed

above, the Debt Recovery Tribunal, Ernakulam, shall be free to pass an 2024:KER:69107 OP (DRT) NO. 283 OF 2024

order as it deems fit, in accordance with the law. Further payment shall

be subject to the direction issued by the Debt Recovery Tribunal,

Ernakulam.

Sd/-

DINESH KUMAR SINGH JUDGE SJ 2024:KER:69107 OP (DRT) NO. 283 OF 2024

APPENDIX OF OP (DRT) 283/2024

PETITIONER EXHIBITS

EXHIBIT.P1 TRUE COPY OF THE DEMAND NOTICE DATED 20/11/2023 ISSUED BY THE RESPONDENT.

EXHIBIT.P2 TRUE COPY OF THE NOTICE DATED 09/04/2024 ISSUED BY THE ADVOCATE COMMISSIONER IN CMP NO.385/2024.

EXHIBIT.P3 TRUE COPY OF THE SA NO.360/2024 DATED 08/05/2024 BEFORE THE DEBT RECOVERY TRIBUNAL- I , ERNAKULAM.

EXHIBIT.P4 TRUE COPY OF THE WRITTEN STATEMENT DATED 25/06/2024 FILED BY THE RESPONDENT IN SA NO.360/2024 .

EXHIBIT.P5 TRUE COPY OF THE ADVANCE PETITION IA NO.3252/2024 IN SA NO.360/2024 DATED 04/09/2024.

EXHIBIT.P6 TRUE COPY OF THE AMENDMENT APPLICATION IA NO.3253/2024 IN SA NO.360/2024 DATED 04/09/2024 (WITHOUT ANNEXURES).

EXHIBIT.P7 TRUE COPY OF THE PROCEEDINGS DATED 06/09/2024 IN SA NO.360/2024 OBTAINED FROM THE WEB SITE OF THE DRT-I, ERNAKULAM.