Kerala High Court
George Abraham vs The South Indian Bank on 25 August, 2025
OP (DRT) NO. 250 OF 2025
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2025:KER:64532
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
OP (DRT) NO. 250 OF 2025
AGAINST THE ORDER/JUDGMENT IN SA NO.341 OF 2025 OF DEBT
RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONER:
GEORGE ABRAHAM,
AGED 60 YEARS
S/O. K.A. ABRAHAM, KALLARACKAL,
KANJIKUZHI P.O., MUTTAMBALAM,
KOTTAYAM, PIN - 686004
BY ADVS.
SRI.N.ANAND
SHRI.AMEER SALIM
SHRI.ROY ANTONY
RESPONDENTS:
1 THE SOUTH INDIAN BANK,
SIB HOUSE, TB ROAD, PB NO. 28, THRISSUR,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
PIN - 680001
2 AUTHORIZED OFFICER,
THE SOUTH INDIAN BANK LTD,REGIONAL OFFICE,
KOTTAYAM,1ST FLOOR, REGENCY SQUARE,
COLLECTORATE P.O., KOTTAYAM, PIN - 686002
3 BRANCH MANAGER,
THE SOUTH INDIAN BANK LTD,
KOTTAYAM COLLECTORATE JUNCTION BRANCH,
COLLECTORATE ROAD, KOTTAYAM, PIN - 686002
OP (DRT) NO. 250 OF 2025
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OTHER PRESENT:
SRI. B.J. JOHN PRAKASH, SC.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 25.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 250 OF 2025
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JUDGMENT
This original petition is filed with the following prayers;
" i) Direct the Debt Recovery Tribunal II Ernakulam to
consider and pass appropriate orders on Ext P18 application within a
stipulated time as fixed by the Hon'ble Court in the interest of justice.
ii. Issue appropriate orders or directions directing the
respondent bank not to take any action against the petitioner
pursuant to P18 till the disposal of Ext. P10.
iii. Issue such other orders and directions."
2. Having heard the learned counsel on either side and taking note
of the fact that the petitioner had volunteered to pay Rs.50,94,518/- in four
instalments as seen from Ext.P15 and that the instalment Nos. 1 and 2
noticed have already been paid, there will be a direction to the petitioner to
pay an amount of Rs.13,64,839/- within two weeks from today and to pay an
amount of Rs.13,64,839/- within two weeks thereafter. It is made clear that
if the 1st instalment is not paid within the time granted by this Court, the
respondent bank will be free to proceed further in accordance with law.
The original petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
OP (DRT) NO. 250 OF 2025
2025:KER:64532
APPENDIX OF OP (DRT) 250/2025
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION DATED
06.12.2024 PREFERRED BY THE PETITIONER BEFORE
RESPONDENT NO.3
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 06.02.2025
PASSED BY THIS HON'BLE COURT IN WP(C) NO.
EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED
16.12.2024 ISSUED BY RESPONDENT NO. 3 TO
PETITIONER
EXHIBIT P4 A TRUE COPY OF THE REQUEST DATED 21.12.2024
PREFERRED BY PETITIONER TO THE RESPONDENT NO.
EXHIBIT P5 A TRUE COPY OF THE RELEVANT PORTION OF THE
SANCTION/RENEWAL OF CREDIT FACILITY DATED
16.12.2024 ISSUED BY RESPONDENT NO. 3 TO
PETITIONER IN REF. NO. LEGAL_LOS-
0000000068241/2024-25 AND ITS TYPED CLEAR
COPY
EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 20.01.2025
ISSUED BY RESPONDENT NO.2 IN REF NO.
RO-KTM/0344/SAR/SH/17691/3047/2024-25
EXHIBIT P7 A TRUE COPY OF THE POSSESSION NOTICE DATED
24.04.2025 ISSUED BY RESPONDENT NO.2
EXHIBIT P8 A TRUE COPY OF THE STATEMENT OF ACCOUNTS FOR
THE PERIOD FROM 01.12.2024 TO 06.05.2024
ISSUED BY RESPONDENT NO.2 IN RESPECT OF
ACCOUNT NO.0344656000000025 MAINTAINED AT 3RD
RESPONDENT BANK
EXHIBIT P9 A TRUE COPY OF THE NOTICE DATED 07.05.2025
ISSUED BY THE 2ND RESPONDENT IN REF: -
RO.KTM/SAR/DT/RED/131/2025-26
EXHIBIT P10 A TRUE COPY OF THE MEMORANDUM IN SA NO.
341/2025 BEFORE THE DEBT RECOVERY TRIBUNAL
ERNAKULAM II (WITHOUT ANNEXURES)
EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 30.07.2025
PASSED BY THE DEBT RECOVERY TRIBUNAL II
ERNAKULAM IN SA NO. 341/2025 AS DOWNLOADED
FROM THE TRIBUNAL'S WEBSITE
EXHIBIT P12 A TRUE COPY OF THE NOTICE DATED 22.07.2025
ISSUED BY THE ADVOCATE COMMISSIONER TO
PETITIONER
EXHIBIT P13 A TRUE COPY OF THE WRITTEN STATEMENT DATED
OP (DRT) NO. 250 OF 2025
2025:KER:64532
01.08.2025 (SERVED ON 04.08.2025 TO THE
PETITIONER) WITHOUT ANNEXURES
EXHIBIT P14 A TRUE COPY OF THE ORDER DATED 04.08.2025
PASSED BY THE DEBT RECOVERY TRIBUNAL
EXHIBIT P15 A TRUE COPY OF THE REPRESENTATION DATED
07.08.2025 PREFERRED BY THE PETITIONER
EXHIBIT P16 A TRUE COPY OF THE LETTER DATED 14.08.2025
ISSUED BY RESPONDENT NO. 2 IN
RO-KTM/0344/GEN/DJ//530/2025-26
EXHIBIT P17 A TRUE COPY OF THE RELEVANT PORTION OF THE
STATEMENT OF ACCOUNTS MAINTAINED BY
RESPONDENT NO.3 FOR ACCOUNT
NO.0344656000000025
EXHIBIT P18 A TRUE COPY OF THE APPLICATION DATED IA NO.
3339/2025 FILED BY THE PETITIONER IN SA NO.
341/2025 ON THE FILES OF THE DRT - II,
ERNAKULAM
EXHIBIT P19 A TRUE COPY OF THE IA NO. 3338/2025 FILED BY
THE PETITIONER IN SA NO. 341/2025 ON THE
FILES OF THE DRT - II, ERNAKULAM
// True Copy // PA To Judge
