Kerala High Court
Safreena V vs The Registrar on 23 January, 2025
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OP (DRT) NO. 25 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 23RD DAY OF JANUARY 2025 / 3RD MAGHA, 1946
OP (DRT) NO. 25 OF 2025
SA NO.2 OF 2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/APPLICANT:
SAFREENA V, AGED 36 YEARS
W/O MUHAMMED AKBAR V, VEMMULLI HOUSE,
EDAYATTUR, NEAR VEMMULLI JUMA MASJID, MELATTUR,
MALAPPURAM., PIN - 679326
BY ADVS.
S.MUMTAZ
ALISHA ASLAM
AMINA RUBY FAIZAL
BHAVANA VIJAYAKUMAR
ARPANAI T.A.
RESPONDENT/COUNTER APPLICANT/DEFENDANT:
1 THE REGISTRAR
DEBTS RECOVERY TRIBUNAL -I KSHB BUILDING,
PANAMPILLY NAGAR, ERNAKULAM., PIN - 682036
2 THE FEDERAL BANK LTD.,
REP BY THE AUTHORIZED OFFICER, FEDERAL TOWERS, MAVOOR
ROAD, ARAYIDATHUPALA, KOZHIKODE., PIN - 673016
SRI. MOHAN JACOB GEORGE
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 23.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (DRT) NO. 25 OF 2025 2
JUDGMENT
This Original Petition has been filed seeking the following
reliefs:-
''i) Direct the Debts Recovery Tribunal -I to take up
and pass order on Ext Ext. P-4 stay petition filed in Ext.P-1 as
expeditiously as possible.
ii) Issue an order restraining the 2 nd Respondent
from proceeding further on the basis of Ext. P-3 notice till the
disposal of Ext. P-4 stay petition by the Tribunal.''
2. Learned counsel appearing for the petitioner
vehemently submits that the interlocutory application filed by the
petitioner in S.A. No.2 of 2024 was heard on 22.01.2025 and is
posted for orders to 05.02.2025. It is submitted that, without
waiting for orders to be pronounced in the interlocutory
application, the respondent bank is proceeding to take possession
of the secured asset, being the residential house of the petitioner.
It is submitted that, there are several items of mortgaged
properties to secure the repayment and several items of properties
have already been taken possession of by the authorised officer of
the respondent bank. It is submitted that, the petitioner is only
seeking that taking of possession of the residential house be
deferred till 05.02.2025 to await the orders of the Tribunal on the
interlocutory application.
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3. Learned counsel appearing for the respondent bank
submits that the liabilities are in excess of Rs.9 Crores presently.
It is submitted that, the husband of the petitioner had earlier
approached this Court by filing W.P.(C) No.41577 of 2023 and had
obtained an interim order staying further proceedings on condition
that he remits a sum of Rs.3 Crores (in total) by 31.01.2024. It is
submitted that on finding that the initial amount of Rs.1 Crore
directed to be paid by 31.12.2023 had not been paid, this Court on
18.01.2024, dismissed the writ petition. It is submitted that,
thereafter, the Debts Recovery Tribunal was approached by filing
a Securitization Application as S.A. No.2 of 2024. It is submitted
that, though the judgment of this Court in W.P.(C) No.41577 of
2023 was on 18.01.2024 and despite the passage of more than one
year, after the dismissal of that writ petition, neither the petitioner
nor her husband have cared to pay even Rs.1 towards the loan
liability and therefore, the bona fides of the petitioner is clearly
doubtful. It is submitted that, the properties, which have been
taken possession of, fetch little or no value and may not be
sufficient to cover the liabilities of the bank and therefore, the
bank may be permitted to proceed with the taking over of
possession of the secured asset.
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4. Having heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the respondent
bank, I am of the view that the the petitioner has not shown bona
fides entitling her to the reliefs sought for in the original petition.
The liabilities are substantial. Despite the fact that the husband of
the petitioner approached this Court by filing W.P.(C) No. 41577
of 2023, seeking the relief of repayment of the liability in
instalments, the husband of the petitioner did not pay any amount
to comply with the terms of the interim order which was granted
to him, leading to the dismissal of W.P.(C) No.41577 of 2023 (by
Exhibit P2 judgment) on 18.01.2024. Even after the passage of
more than one year after the dismissal of W.P.(C) No.41577 of
2023, neither the petitioner nor her husband have taken any steps
to pay any amount to settle the loan liability. Therefore, I am of the
view that the learned counsel appearing for the respondent bank
is right in submitting that in the absence of bona fides, the
petitioner is not entitled to any protection from this Court.
Original Petition fails and it is accordingly dismissed.
Sd/-
GOPINATH P.
JUDGE
ajt
2025:KER:5445
APPENDIX OF OP (DRT) 25/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF SECURITISATION
APPLICATION BEARING SA NO. 2/2024 FILED BY
THE PETITIONER BEFORE DEBTS RECOVERY TRIBUNAL
-I, ERNAKULAM
Exhibit P2 TRUE COPY OF THE PETITION FOR STAY OF
DISPOSSESSION BEARING IA NO. 531/2024 FILED
BY THE PETITIONER BEFORE DEBTS RECOVERY
TRIBUNAL -I, ERNAKULAM
Exhibit P3 TRUE COPY OF THE NOTICE DATED
16/12/2024ISSUED BY THE ADVOCATE COMMISSIONER
Exhibit P4 TRUE COPY OF THE STAY PETITION BEARING IA NO.
4770/2024 FILED BY THE PETITIONER IN SA
2/2024 AGAINST EXHIBIT. P-3 BEFORE THE
HON'BLE DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM
Exhibit P5 TRUE COPY OF THE AMENDED SA 2/2024 OF THE
DEBTS RECOVERY TRIBUNAL, ERNAKULAM.FILED BY
THE PETITIONER
