Kerala High Court
Paulson Chacko vs The Union Of India on 21 July, 2025
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WP(C) No. 15090 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 15090 OF 2025
PETITIONER:
PAULSON CHACKO,
AGED 63 YEARS, MULAVARICKAL HOUSE,
PIRAROORKARA, MATTOOR VILLAGE, ALUVA TALUK,
ERNAKULAM DISTRICT, PIN-683574
BY ADVS.
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SMT.KAVYA VARMA M. M.
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
JEEVAN DEEP BUILDING, SANSADMARG,
NEW DELHI, PIN - 110001
2 THE HON'BLE DEBT RECOVERY TRIBUNAL,
PANAMPILLY NAGAR, ERNAKULAM,
REPRESENTED BY THE REGISTRAR, PIN-682036
3 THE AUTHORIZED OFFICER,
SOUTH INDIAN BANK, SIB BUILDING,
INFOPARK ROAD, RAJAGIRI VALLEY, KAKKANAD,
ERNAKULAM DISTRICT, PIN-682039
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WP(C) No. 15090 of 2025
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* ADDL.R4 SRIDEVI P.,
W/O GOPINATH, E-154, 12TH STREET, 1ST CROSS,
PERIYAR NAGAR, VTC : JAWAHAR NAGAR P.O.,
CHENNAI, TAMIL NADU
* ADDL.R4 IMPLEADED AS PER ORDER DATED 10.04.2025
IN I.A.NO.2/2025 IN W.P.(C)
BY ADVS.
SHRI.B.J.JOHN PRAKASH
SHRI.P.PRAMEL
SHRI.SOORAJ M.S.
SMT.VARSHA VIJAYAKUMAR NAIR
SHRI.MANU BABY
SMT.RAJASREE K.
SMT. SANTHY M., CENTRAL GOVERNMENT COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 15090 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 15090 of 2025
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Dated this the 21st day of July, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
i) Issue a writ of certiorari, calling for the records
leading to the issuance of Exhibit P5 order and set aside
the same;
ii) Issue a writ declaring that the procedure followed by
the Bank without adhering the mandate of Rule 12 is a
nullity in the eye of law and to declare that all actions
taken by the respondent Bank in violation thereof are
bad in law;
iii) Issue a writ declaring that no useful purpose is
served by the creation of the Debt Recovery Tribunal I,
Ernakulam when there is failure to follow the procedure
mandated by the Rules;
iv) Issue a writ of mandamus directing the Hon'ble
Debts Recovery Tribunal to adjudicate S.A.No.816/2024
on merits within such period as this Hon'ble Court
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deems fit and direct the respondents to maintain status
quo till the disposal of S.A.No.816/2024;
v) Dispense with the filing of English translation of
vernacular documents;
vi) Any other order or direction that this Hon'ble Court
would deem fit to issue in the interest of justice.
2. On admission of the writ petition, this Court passed an
interim order on 10.04.2025 directing the Bank not to issue the sale
certificate in respect of the sale confirmed in favour of the additional
4th respondent till 23.05.2025. The said order has been extended from
time to time and is still in force.
3. Today, when the matter is taken up, both sides submit
that Securitisation Application No.816/2024 is pending consideration
before the Debts Recovery Tribunal-I, Ernakulam. Though the
auction purchaser is impleaded as the additional 4 th respondent,
there is no appearance for him.
4. After hearing the learned Counsel on both sides and
taking note of the interim order in force from 10-4-2025 onwards, the
Writ Petition is disposed of, directing the petitioner to take up all
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contentions available to him in the matter pending before the
Tribunal.
5. In exercise of the powers under Article 227 of the
Constitution of India and in the interest of the parties, there will be a
direction to the Tribunal concerned to pass orders in the
Securitisation Application within three months from the date of
receipt of a copy of this judgment. Till orders are passed as directed
above, the interim order passed by this Court on 10.04.2025 will
continue to be in operation.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) 15090/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF S.A.NO.816/2024 FILED ON
09.10.2024 BEFORE THE HON'BLE DEBT
RECOVERY TRIBUNAL ALONG WITH ANNEXURES
Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE
HON'BLE DEBT RECOVERY TRIBUNAL IN SA
816/2024 DATED 07.11.2024 AS AVAILABLE ON
THE OFFICIAL WEBSITE
Exhibit P2(a) TRUE COPY OF THE PROCEEDINGS OF THE
HON'BLE DEBT RECOVERY TRIBUNAL IN SA
816/2024 DATED 21.01.2025 AS AVAILABLE ON
THE OFFICIAL WEBSITE
Exhibit P2(b) TRUE COPY OF THE PROCEEDINGS OF THE
HON'BLE DEBT RECOVERY TRIBUNAL IN SA
816/2024 DATED 26.03.2025 AS AVAILABLE ON
THE OFFICIAL WEBSITE
Exhibit P3 TRUE COPY OF I.A.NO.1104/2025 IN
S.A.NO.816/2024 ALONG WITH ANNEXURES
FILED BEFORE THE DEBT RECOVERY TRIBUNAL,
ERNAKULAM DATED 05.03.2025
Exhibit P4 TRUE COPY OF I.A.NO.1105/2025 IN
S.A.NO.816/2024 FILED BEFORE THE DEBT
RECOVERY TRIBUNAL, ERNAKULAM DATED
05.03.2025
Exhibit P5 TRUE COPY OF THE ORDER PASSED BY THE DEBT
RECOVERY TRIBUNAL ON 03.04.2025 IN SA
816/2024 AS AVAILABLE FROM THE WEBSITE OF
THE HON'BLE DEBT RECOVERY TRIBUNAL
Exhibit P6 TRUE COPY OF THE SALE DEED DATED 20TH
JANUARY 2025.
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RESPONDENTS' EXHIBITS
EXHIBIT-R3(a) TRUE COPY OF THE VALUATION REPORT DATED
16.01.2025
EXHIBIT-R3(b) TRUE COPY OF THE SALE NOTICE IN THE NEW
INDIAN EXPRESS KOCHI EDITION ON
25.02.2025.
EXHIBIT-R3(c) TRUE COPY OF THE SALE NOTICE PUBLISHED IN
THE MANGALAM DAILY ERNAKULAM EDITION ON
25.02.2025.
