Kerala High Court
Gurudeva Trust vs The Authorized Officer on 8 July, 2025
OP (DRT) NO. 189 OF 2025 1 2025:KER:49905
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 8th DAY OF JULY 2025 / 17TH ASHADHA, 1947
OP (DRT) NO. 189 OF 2025
SA NO.469 OF 2022 OF DEBT RECOVERY TRIBUNAL,
ERNAKULAM
PETITIONER/APPLICANT:
GURUDEVA TRUST, MANJALI, MANNAM,
ERNAKULAM- 683 520, REPRESENTED BY ITS SECRETARY
LAIJU K M, AGED 47 YEARS, S/O MOHANAN,
RESIDING AT KALAPPURAPARAMBIL, MANAKKAPPADY,
KARUMALLOOR, NORTH PARAVUR, PIN - 683511
BY ADVS. SHRI.THOMAS ABRAHAM
SRI.ASWIN.P.JOHN
SHRI.R.ANANTHAPADMANABAN
SHRI.PAUL BABY
SMT.SWATHY A.P.
SMT.FOUSIYA R
RESPONDENTS/RESPONDENTS:
1 THE AUTHORIZED OFFICER,
KOTAK MAHINDRA BANK LTD., 4TH FLOOR,
EMPIRE BUILDING, NEAR HIGH COURT OF KERALA,
KOCHI, PIN - 682018
2 KOTAK MAHINDRA BANK LTD.,
KANAKA DAMODAR BUILDING, VEEKSHANAM ROAD,
OP (DRT) NO. 189 OF 2025 2 2025:KER:49905
KOCHI, REPRESENTED BY ITS CHIEF MANAGER,
PIN - 682035
BY ADVS. SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
SMT.K.R.MONISHA
SHRI.JIJO PAUL
SMT.ANJALI SUNIL
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 08.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP (DRT) NO. 189 OF 2025 3 2025:KER:49905
JUDGMENT
This original petition is filed seeking a direction to the Debts
Recovery Tribunal-I, Ernakulam, to consider and pass orders on
Exts.P3 to P5 applications preferred by the petitioner in the
pending Securitisation Application. I.A.No.2579 of 2025 in
S.A.No.469 of 2022 (Ext.P5) is the stay application filed by the
petitioner. It is submitted by both sides that the matter is posted
before the Tribunal on 10.07.2025.
2. Taking note of the fact that the stay application preferred
by the petitioner is pending consideration before the Tribunal, I am
not inclined to pass any orders in this original petition, except
directing the Tribunal to consider the application seeking stay, in
accordance with law, either on 10.07.2025 or at any rate, within a
OP (DRT) NO. 189 OF 2025 4 2025:KER:49905
week thereafter. All the contentions of the parties are left open.
The Original Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
OP (DRT) NO. 189 OF 2025 5 2025:KER:49905
APPENDIX OF OP (DRT) 189/2025
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE O.A.NO.490 OF 2022
FILED BY THE RESPONDENT BANK WITHOUT
ANNEXURES
EXHIBIT P2 THE TRUE COPY OF THE S.A.NO.469 OF 2022
FILED BY THE PETITIONERS BEFORE THE
HON'BLE DEBTS RECOVERY TRIBUNAL-I,
ERNAKULAM WITHOUT ANNEXURES
EXHIBIT P3 THE TRUE COPY OF THE I.A.NO.2362 OF 2025
FOR AMENDMENT FILED IN S.A.NO.469 OF 2022
EXHIBIT P4 THE TRUE COPY OF THE I.A.NO.2575 OF 2025
TO ACCEPT DOCUMENTS FILED IN S.A.NO.469
OF 2022
EXHIBT P5 THE TRUE COPY OF THE I.A.NO.2579 OF 2025
FOR STAY FILED IN S.A.NO.469 OF 2022
EXHIBIT P6 THE TRUE COPY OF THE NOTICE ISSUED BY THE
DEFENDANT BANK U/S 13(2) OF THE SARFAESI
ACT
EXHIBIT P7 THE TRUE COPY OF THE NOTICE REGARDING
PHYSICAL POSSESSION DATED 8/4/2025 ISSUED
UNDER SECTION 13(4) OF THE SARFAESI ACT
BY THE DEFENDANT BANK
RESPONDENTS' EXHIBITS
Exhibit R2 TRUE COPY OF THE JUDGMENT IN WP (C) NO.
30379/2019 DATED 16.11.2021
OP (DRT) NO. 189 OF 2025 6 2025:KER:49905
Exhibit R2(a) TRUE COPY OF JUDGMENT IN WP (C) NO.
6535/2021 DATED 07.01.2022
Exhibit R2(b) TRUE COPY OF THE POSSESSION NOTICE ISSUED
BY THE 2ND RESPONDENT DATED 04.03.2022
Exhibit R2(c) TRUE COPY OF THE ORDER IN M.C. NO.
520/2022 OF THE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE'S COURT, ERNAKULAM DATED
24.08.2022
Exhibit R2(d) TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED 15.09.2022
Exhibit R2(e) TRUE COPY OF THE ORDER IN IA NO.2169/2022
OF THE HON'BLE DEBTS RECOVERY TRIBUNAL
COURT NO.1 ERNAKULAM DATED 10.10.2022
Exhibit R2(f) TRUE COPY OF THE JUDGMENT IN OP(DRT) NO.
402/2022 DATED 19.10.2022
Exhibit R2(g) TRUE COPY OF THE ORDER IN OP(DRT) NO.
433/2022 DATED 02.12.2022
Exhibit R2(h) TRUE COPY OF THE JUDGMENT IN OP(DRT) NO.
433/2022 DATED 16.12.2022
Exhibit R2(i) TRUE COPY OF THE INTERIM ORDER IN W.P.
(C). NO. 771/2023 DATED 10.01.2023
Exhibit R2(j) TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO. 771/2023 DATED 20.02.2023
Exhibit R2(k) TRUE COPY OF THE INTERIM ORDER IN W. A.
NO. 606/2023 DATED 20.03.2023
Exhibit R2(l) TRUE COPY OF THE INTERIM ORDER IN W.A.
NO. 606/2023 DATED 27.03.2023
OP (DRT) NO. 189 OF 2025 7 2025:KER:49905
Exhibit R2(m) TRUE COPY OF THE ORDER IN W.P. (C) NO.
28766/2023 ON 25.08.2023
Exhibit R2(n) TRUE COPY OF JUDGMENT IN W.A. NO.
606/2023 DATED 17.11.2023
Exhibit R2(o) TRUE COPY OF THE CIRCULAR OF RESERVE OF
BANK OF INDIA RBI/2020-21/20 DOR. NO.BP.
BC/7/21.04.048/2020-21 DATED 06.08.2020
Exhibit R2(p) TRUE COPY OF THE JUDGMENT IN W.P (C) NO.
7621/2024 DATED 09.07.2024
Exhibit R2(q) TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
27347/2024 DATED 31.07.2024
Exhibit R2(r) TRUE COPY OF THE COMMON JUDGMENT IN WRIT
APPEAL NOS.1081/2024 AND 1112/2024 DATED
05.09.2024
Exhibit R2(s) TRUE COPY OF THE ORDER IN UNNUMBERED
RP(FILING) NO. 1145/2024 AND UNNUMBERED
RP(FILING) NO. 1148/2024 DATED 01.11.2024
Exhibit R2(t) TRUE COPY OF THE ORIGINAL PETITION IN O.P
NO. 2/2024 BEFORE THE SUB COURT, NORTH
PARAVUR DATED 05.03.2024
Exhibit R2(u) TRUE COPY OF THE INTERIM APPLICATION IN
O.P NO. 2/2024 BEFORE THE SUB COURT,
NORTH PARAVUR DATED 05.03.2024
Exhibit R2(v) TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
36797/2024 DATED 05.11.2024
Exhibit R2(w) TRUE COPY OF JUDGMENT IN W.P.(C) NO.
41282/2024 DATED 21.11.2024
OP (DRT) NO. 189 OF 2025 8 2025:KER:49905
Exhibit R2(x) TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
13810/2025 DATED 07.04.2025
Exhibit R2(y) TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER TO THE 1ST RESPONDENT DATED
08.04.2025
Exhibit R2(z) TRUE COPY OF THE LETTER ISSUED BY THE 1ST
RESPONDENT DATED 08.04.2025
// TRUE COPY //
P.A. TO JUDGE
