M/S. Thomson Export & Import vs The Authorized Officer
2025 Latest Caselaw 3496 Ker

Kerala High Court

M/S. Thomson Export & Import vs The Authorized Officer on 14 August, 2025

OP (DRT) NO. 166 OF 2025                 1




                                                      2025:KER:61301

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

     THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947

                      OP (DRT) NO. 166 OF 2025

         IN SA NO.451 OF 2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM


PETITIONERS/APPLICANTS:
     1     M/S. THOMSON EXPORT & IMPORT,
           AGED 76 YEARS
           HAVING ITS OFFICE AT XII/407A, SREE KRISHNA TEMPLE,
           AKAPARAMBIL ROAD, AIRPORT ROAD, NEDUMBASSERY, ERNAKULAM,
           REP. BY ITS MANAGING PARTNER MR. RAJAN.P. THOMAS, PIN -
           683589

     2     RAJAN. P. THOMAS,
           AGED 76 YEARS
           S/O. C P THOMAS, RESIDING AT 9/799B, PERKATTU, KEMPIRI
           LANE, MATTANCHERRY, KOCHI, ERNAKULAM, PIN - 682002


           BY ADVS.
           SMT.MINI.V.A.
           SMT.APARNA NAIR


RESPONDENTS/DEFENDANTS:

     1     THE AUTHORIZED OFFICER,
           STATE BANK OF INDIA, SME VYTTILA BRANCH, SECOND FLOOR,
           SYAMA BUSINESS HUB, VYTTILA JUNCTION, ERNAKULAM, PIN -
           682019

     2     THE BRANCH MANAGER,
           STATE BANK OF INDIA, SME VYTTILA BRANCH, SECOND FLOOR,
           SYAMA BUSINESS HUB, VYTTILA JUNCTION, ERNAKULAM, PIN -
           682019

           BY ADV SRI.AMAL GEORGE

      THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
14.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 166 OF 2025                         2




                                                                      2025:KER:61301

                                    JUDGMENT

The original petition is filed with the following prayers:

"i. call for the records leading to the issuance of Ext.P8 order passed by the learned Debt Recovery Tribunal, Ernakulam and quash the same; ii. grant 3 months' time to pay be balance amount after deducting Rs.27,56,720.00,/- already paid pursuant Ext.P6, by 3 equated monthly installments;

iii. such other further reliefs which are deemed fit and proper on the facts and circumstances of the case; and iv. to dispense with the production of English Translation of Malayalam documents."

2. The learned counsel appearing for the petitioners submits that

the petitioners are ready to wipe off the entire liability of

Rs.1,10,72,829/- (Rupees One Crore ten lakhs seventy two thousand eight

hundred and twenty nine only) as on 14.08.2025 in 15 equal monthly

instalments, commencing from 10.09.2025. The Petitioner further

undertakes that SA No.451/2024 filed before the Debts Recovery

Tribunal, Ernakulam, will be withdrawn, if this Court grants 15

instalments to pay off the entire liability.

3. After hearing the learned Counsel for the petitioners and the

respondent Bank and considering the totality of the facts and

2025:KER:61301

circumstances including the remittances made by the petitioner, the

original petition is disposed of with the following directions:

(i) The petitioner shall pay an amount of Rs.1,10,72,829/-

(Rupees One Crore ten lakhs seventy two thousand eight hundred and twenty nine only) (as on 14.08.2025) with accrued interest, costs and charges, if any, in 15 equal monthly instalments starting from 10.09.2025 and subsequent instalments shall be paid on or before 10th of the succeeding months.

(ii) In the event of default of any one instalment, the respondent Bank shall be entitled to proceed in accordance with the law;

(iii) All coercive proceedings shall be kept in abeyance to enable the petitioners to repay the entire amount directed above.

The original petition is disposed of as above.

Sd/-MOHAMMED NIAS C.P. JUDGE lsn

2025:KER:61301

APPENDIX OF OP (DRT) 166/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 26.12.2023 ISSUED BY THE RESPONDENT UNDER SECTION 13(2) OF THE SARFAESI ACT, 2002 TO THE PETITIONERS Exhibit P2 TRUE COPY OF THE NOTICE DATED 29.05.2024 ISSUED BY THE RESPONDENT UNDER SECTION 13(4) OF THE SARFAESI ACT, 2002 TO THE PETITIONERS Exhibit P3 TRUE COPY OF THE SECTION 14 APPLICATION FILED BEFORE THE HON'BLE ADDL. CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM (SPECIAL COURT FOR TRIAL OF MP'S AND MLA'S OF THE STATE) Exhibit P4 TRUE COPY OF THE ORDER DATED 05.09.2024 PASSED BY THE HON'BLE ADDL. CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM (SPECIAL COURT FOR TRIAL OF MP'S AND MLA'S OF THE STATE) APPOINTING THE ADVOCATE COMMISSIONER TO TAKE PHYSICAL POSSESSION OF THE PROPERTY ON BEHALF OF THE RESPONDENT BANK Exhibit P5 TRUE COPY OF THE NOTICE DATED 20.09.2024 OF THE ADVOCATE COMMISSIONER Exhibit P6 TRUE COPY OF THE ORDER DATED 07.10.2024 DOWN LOADED FROM THE WEBSITE (CERTIFIED COPY YET TO BE RECEIVED) OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM Exhibit P7 TRUE COPY OF THE TREATMENT RECORDS OF THE 2ND PETITIONER'S WIFE Exhibit P8 TRUE COPY OF THE ORDER DATED 26.05.2025 DOWNLOADED FROM THE WEBSITE (CERTIFIED COPY YET TO BE RECEIVED) Exhibit P9 TRUE COPY OF THE STAY PETITION, I.A NO.

3614/2024 FILED BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM Exhibit P10 TRUE COPY OF THE S.A.451/2024 PENDING BEFORE THE DEBIT RECOVERY TRIBUNAL, ERNAKULAM Exhibit P11 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS/DEFENDANTS IN THE S.A. 451/2024 RESPONDENT EXHIBITS

Exhibit R1(B) True photocopy of the letter sent by the respondent Bank dated 18/11/2023 to the Managing Partner of 1st petitioner, Exhibit R1(C) True photocopy of the postal acknowledgement cards evidencing service of possession notice

2025:KER:61301

on the borrower and the guarantors on 01/06/2024 Exhibit R1(A) True photocopy of the acknowledged Section 13(2) notices dated 26/12/2023 sent to the borrower and the guarantors.