Kerala High Court
Dr. C. A. Rajan vs The South India Bank Limited on 11 August, 2025
OP (DRT) NO. 229 OF 2025 1
2025:KER:60122
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
OP (DRT) NO. 229 OF 2025
AGAINST THE ORDER IN SA NO.462 OF 2023 OF DEBT RECOVERY TRIBUNAL-
2, ERNAKULAM
PETITIONERS/APPLICANTS:
1 DR. C. A. RAJAN,
AGED 71 YEARS
S/O.ABRAHAM, ROOP SARYA, MAYILVAHANAM, CHEMMARIKKATTU,
MAIN ROAD, SHORANUR PO, MUNDAMUKKA AMSOM, SHORANUR DESOM,
PALAKKAD DISTRICT, PIN - 679121
2 MRS. JAISSY JACOB @ JESSY JACOB,
AGED 62 YEARS
W/O JACOB THOMAS, TC NO. 12/403, HOUSE NO. 104, M.N LANE,
PLAMOODU,PATTOM PO,THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
SHRI.R.HARIKRISHNAN (KAMBISSERIL)
SHRI.G.SREEKUMAR (CHELUR)
RESPONDENTS/DEFENDANTS:
1 THE SOUTH INDIA BANK LIMITED,
REPRESENTED BY ITS MANAGER,TRIVANDRUM MAIN BRANCH,AR
BASELIOUS BUILDING, FIRST FLOOR, SPENCER
JUNCTION,THIRUVANANTHAPURAM, PIN - 695039
2 THE AUTHORISED OFFICER,
THE SOUTH BANK LIMITED,REGIONAL OFFICE, 3RD FLOOR,YWCA
BUILDINGS, M. G. ROAD,SPENCER JUNCTION, STATUE,
THIRUVANANTHAPURAM, PIN - 695001
OP (DRT) NO. 229 OF 2025 2
2025:KER:60122
3 M/S. NEOITO TECHNOLOGIES PVT. LTD,
TC NO. 15/3260, STAR INN,MARAPPALAM,
PATTOM,THIRUVANANTHAPURAM, PIN-695004,REPRESENTED BY ITS
MANAGING DIRECTOR,FAIZ MOHAMMED HANEEF, 3E COTTON HILL
HEIGHTS,VAZHUTHACAUD, TRIVANDRUM, PIN - 695010
4 MR. JACOB THOMAS,
AGED 67 YEARS
S/O. THOMAS JACOB, TC NO. 12/403,HOUSE NO. 104, M. N.
LANE, PLAMOODU,PATTOM PO,THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
SHRI.SUNIL SHANKER
SRI.P.B.SUBRAMANYAN
SMT.VIDYA GANGADHARAN
SHRI.THOMAS GLAISON
SRI.SABU GEORGE
SMT.B.ANUSREE
SRI.MANU VYASAN PETER
SMT.MEERA P.
SMT.CHITRA JOHNSON
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
11.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 229 OF 2025 3
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JUDGMENT
The original petition is challenging Ext.P15 order through
which an application for amendment of the Securitisation Application
filed by the petitioners was rejected. The petitioners wanted to bring in
the following contention through the amendment.
"The relevant portion of Paragraph No.7A reads as follows:
"7-A. The applicants have now been served with a tender cum auction
sale notice dated 13.10.2023 proposing that the application schedule
property will be sold on 22.11.2023 between 11.30 AM. A true copy of the
sale notice dated 13.10.2023 issued by the 2nd defendant is produced
herewith and marked as Annexure A6. ................................................"
The ground No.G-1 reads as follows:
"G-1. Annexure A6 is dated 13.10.2023 and the same is served on
the applicants only on 16.10.2023. As per Annexure A6, the sale is
proposed to be held on 21.11.2023. Individual sale notices for the proposed
sale are not issued to all applicants as mandated under the rules, and
hence, the same is vitiated under law"
2. The Tribunal found that the petitioners wanted to withdraw
the admission made in the earlier pleadings and, on that ground,
dismissed the application seeking amendment. The Tribunal found that
the merits of the earlier admission and subsequent explanation are
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matters that can be considered at the time of passing final orders in the
securitisation application.
3. The question as to whether the parties have received notice or not
is certainly a matter that can be considered by the tribunal while testing
the legality of the measures taken by the secured creditor. Thus, no
serious prejudice is caused by the dismissal of the application for
amendment, and therefore, I am not inclined to interfere with the order
impugned in the exercise of the supervisory jurisdiction. However, it is
made clear that all the contentions of the parties shall be adverted to,
including the contention of lack of notice, while passing final orders in
the securitisation application.
The original petition is disposed of as above.
Sd/-MOHAMMED NIAS C.P.
JUDGE
lsn
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APPENDIX OF OP (DRT) 229/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF POSSESSION NOTICE DATED
09.08.2023 ISSUED BY THE AUTHORISED OFFICER, THE
SOUTH INDIAN BANK LIMITED
Exhibit P2 THE TRUE COPY OF SALE NOTICE DATED 13.10.2023
ISSUED BY THE AUTHORISED OFFICER, SOUTH INDIAN
BANK LIMITED
Exhibit P3 THE TRUE COPY OF THE RTGS PAYMENT DETAILS
EVIDENCING THE PAYMENT OF RS. 2,94,07,709/-
Exhibit P4 A TRUE COPY OF THE RTGS PAYMENT DETAILS
EVIDENCING THE PAYMENT OF RS. 6,09,260/-
Exhibit P5 THE TRUE COPY OF THE PROCEEDINGS DATED
07.02.2025 IN S.A. NO. 462 OF 2023 OF THE DRT-
II, ERNAKULAM
Exhibit P6 THE TRUE COPY OF THE JUDGMENT PASSED BY THE
HON'BLE HIGH COURT OF KERALA DATED 19.02.2025 IN
OP (DRT) NO. 51 OF 2025
Exhibit P7 THE TRUE COPY OF THE ACKNOWLEDGEMENT CARD
PRODUCED BY THE 1ST RESPONDENT BEFORE DRT -II,
ERNAKULAM IN SA NO.462 OF 2023 PURPORTED TO BE
SIGNED BY THE 1ST PETITIONER
Exhibit P8 THE TRUE COPY OF THE ACKNOWLEDGEMENT CARD
PRODUCED BY THE 1ST RESPONDENT BEFORE DRT -II,
ERNAKULAM IN SA NO.462 OF 2023 PURPORTED TO BE
SIGNED BY THE 2ND PETITIONER
Exhibit P9 THE TRUE COPY OF THE PASSPORT OF MRS. JAISSY
JACOB
Exhibit P10 THE TRUE COPY OF THE PASSPORT OF MR. JACOB THOMAS
Exhibit P11 THE TRUE COPY OF THE AMENDED S.A IN SA NO. 462
OF 2023 ON THE FILES OF DRT II, ERNAKULAM WITHOUT
DOCUMENTS
Exhibit P12 THE TRUE COPY OF I.A NO.2314 OF 2025 IN SA NO.462
OF 2023 FILED BEFORE DRT II, ERNAKULAM
Exhibit P13 THE TRUE COPY OF I.A NO.2315 OF 2025 IN SA NO.462
OF 2023 FILED BEFORE DRT II, ERNAKULAM
Exhibit P14 THE TRUE COPY OF THE JUDGMENT DATED 28.07.2025
PASSED BY THE HON'BLE HIGH COURT OF KERALA IN
OP(DRT) NO. 210 OF 2025
Exhibit P15 THE TRUE COPY OF THE COMMON ORDER OR RATHER
PROCEEDINGS DATED 31.07.2025 IN I.A NO. 2314 OF
2025 AND 2315 OF 2025 PASSED BY DRT-II, ERNAKULAM
AS EXHIBITED IN THE OFFICIAL WEBSITE OF DEBT
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RECOVERY TRIBUNAL, ERNAKULAM
Exhibit P16 THE TRUE COPY OF COPY APPLICATION DATED
01.08.2025 IN S.A NO. 462 OF 2023 BEFORE DRT-II,
ERNAKULAM
