Radeon Trading (Opc) Pvt. Ltd., ... vs State Bank Of India
2024 Latest Caselaw 28141 Ker

Kerala High Court

Radeon Trading (Opc) Pvt. Ltd., ... vs State Bank Of India on 24 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

OP (DRT) NO. 289 OF 2024

                              1

                                              2024:KER:71078
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

 TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                  OP (DRT) NO. 289 OF 2024

ORDER DATED 03.09.2024 IN SA NO.70/2024 OF THE DEBT RECOVERY
                   TRIBUNAL-II, ERNAKULAM
PETITIONER/APPLICANT:

          RADEON TRADING (OPC) PVT. LTD., REPRESENTED BY ITS
          DIRECTOR
          AGED 32 YEARS
          MUHAMMED ZAIN SHABEER P.P, S/O. SULAIN P.P,
          PUTHANPEEDIKAYIL HOUSE ARANGOTTUKARA P.O,
          THIRUMITTACODE-1, PALAKKAD, PIN - 679533


          BY ADVS.
          V.K.PEERMOHAMED KHAN
          GIRISH KUMAR V.C




RESPONDENTS/DEFENDANTS:

    1     STATE BANK OF INDIA
          REPRESENTED BY ITS AUTHORIZED OFFICER, ASSETS
          RECOVERY MANAGEMENT BRANCH, M.G. ROAD, ERNAKULAM,
          PIN - 682017

    2     NABEESA
          W/O. A.M. PAREED, ARANGATH PARAMBIL HOUSE,
          KUMARANELLUR P.O, THALAPPILLY, THRISSUR, PIN -
          680590


          SRI. JITHESH MENON-SC


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 24.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 OP (DRT) NO. 289 OF 2024

                                2

                                                   2024:KER:71078
                           JUDGMENT

The present Original Petition has been filed by the

petitioner aggrieved by the order passed by the Debt Recovery

Tribunal-II, Ernakulam in SA No.70/2024 in Ext.P4; whereby the

petitioner who claims to be the tenant of the secured asset has

been directed to deposit a sum of Rs.3 lakhs as security within a

period of ten days to remain in possession of the property for a

period of three months. The petitioner has not deposited the said

amount and has approached this Court.

This Court finds no ground to entertain this original

petition and this Court does not find that the order passed by the

Debt Recovery Tribunal appears to be illegal or unconstitutional.

Therefore, the original petition is hereby dismissed.

Sd/-DINESH KUMAR SINGH JUDGE

lsn OP (DRT) NO. 289 OF 2024

2024:KER:71078 APPENDIX OF OP (DRT) 289/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE S.A NO. 70/2024 ON THE FILES OF DRT-II, ERNAKULAM DATED 19.12.2023

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 05.05.2024 FILED BY THE DEFENDANT BANK

Exhibit P3 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER HEREIN DATED 30.08.2024 IN SA NO:70/2024 BEFORE THE DRT-II, ERNAKULAM

Exhibit P4 TRUE COPY OF THE PROCEEDINGS/ORDER DATED 03.09.2024 IN SA NO.70/2024 ON THE FILES OF THE DRT-2 ERNAKULAM

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN