Kerala High Court
Sujith Sreenivasan vs The Branch Manager, The South Indian ... on 9 June, 2025
OP (DRT) NO. 95 OF 2025
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2025:KER:40077
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
OP (DRT) NO. 95 OF 2025
AGAINST THE ORDER/JUDGMENT IN SA NO.59 OF 2025 OF DEBT
RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONERS:
1 SUJITH SREENIVASAN,
AGED 56 YEARS
KAKKANANT HOUSE, SINDHU VIHAR,
CHEROOR P.O, THRISSUR, PIN - 680008
2 SINDHU SUJITH,
AGED 52 YEARS
KAKKANANT HOUSE, SINDHU VIHAR,
CHEROOR P.O, THRISSUR, PIN - 680008
3 M/S BENZY LEO HOLIDAYS PVT LTD,
REPRESENTED BY ITS MANAGING PARTNER
MR SUJITH SREENIVASAN
HAVING REGISTERED OFFICE AT
BTS SUNNY BUILDING, ASWINI JUNCTION,
THRISSUR, PIN - 680022
4 M/S LEO HOMES,
REPRESENTED BY ITS MANAGING PARTNER MR SUJITH
SREENIVASAN DOOR NO. TC/5/708/07, BTS SUNNY
BUILDING,ASWINI JUNCTION, THRISSUR, PIN - 680022
5 M/S PISCES HOMES,
REPRESENTED BY ITS MANAGING PARTNER
MR SUJITH SREENIVASAN ROOM NO. 11/694,
1ST FLOOR, VARNAM COMPLEX, CHANDRANAGAR
JUNCTION,PALAKKAD, PIN - 688007
BY ADVS.
SHRI.RISHAB S.
OP (DRT) NO. 95 OF 2025
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2025:KER:40077
SHRI. RIJO DOMY
SRI.M.RAMESH CHANDER (SR.)
RESPONDENTS:
1 THE BRANCH MANAGER, THE SOUTH INDIAN BANK LTD,
THRISSUR M.G ROAD BRANCH, AMBHIKA ARCADE,
M.G ROAD, THRISSUR, PIN - 680001
2 THE BRANCH MANAGER, THE SOUTH INDIAN BANK LTD,
THIROOR BRANCH, GRESHMAM, DOOR NO. IV/326/A,
THIROOR, THRISSUR, PIN - 680581
3 THE AUTHORIZED OFFICER, THE SOUTH INDIAN BANK,
REGIONAL OFFICE THIROOR,
SIB PLATINUM JUBILEE BUILDING,
1ST FLOOR AYYANTHOL THRISSUR, PIN - 680003
BY ADVS.
SHRI.SUNIL SHANKER
SMT.VIDYA GANGADHARAN
SMT.ARYA SATHEESH
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 09.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 95 OF 2025
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2025:KER:40077
MOHAMMED NIAS C.P., J.
================================
O.P.(DRT) No. 95 of 2025
=================================
Dated this the 9th day of June, 2025
JUDGMENT
This original petition is filed with the following prayers;
" i. Issue a writ of certiorari or any other appropriate
writ, direction or order to quash Exhibit P21 sale notice, to the
extent it affects the sale of residential properties of the 1 st
petitioner.
ii. Issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents to pass
appropriate orders in Exhibit P23 and further permit the 1st
petitioner to retain the title deeds of residential properties by
replacing it with properties mentioned in Exhibit P24. Or in
alternative Pass such other writ, order or direction as deem fit to
the facts and circumstances of the case."
2. None of the prayers sought for can be granted by this Court,
much less in this original petition, given Ext P19 judgment of this
Court. It is submitted by both sides that S.A. No. 59 of 2025 is pending
consideration before the Debts Recovery Tribunal-II, Ernakulam. It will
OP (DRT) NO. 95 OF 2025
2025:KER:40077
be open to the petitioner to raise all contentions available to him in the
pending securitisation application. Without prejudice to the same, the
original petition is dismissed.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
OP (DRT) NO. 95 OF 2025
2025:KER:40077
APPENDIX OF OP (DRT) 95/2025
PETITIONER EXHIBITS :
EXHIBIT P1 THE TRUE COPY OF SA NO. 59/2025 DATED
14.01.2025 PENDING ON THE FILES OF DEBT
RECOVERY TRIBUNAL -II ERNAKULAM
EXHIBIT P2 THE TRUE COPY OF ACKNOWLEDGMENT OF DEBT AND
SECURITY DATED 24.11.2021 WITH REGARD TO KCC
LOANS AVAILED BY THE PETITIONERS
EXHIBIT P3 THE TRUE COPY OF LOAN RECALL NOTICE DATED
04.02.2022
EXHIBIT P4 THE TRUE COPY OF DEMAND NOTICE DATED
03.03.2022 WITH REGARD TO KCC LOAN
EXHIBIT P5 THE TRUE COPY OF DEMAND NOTICE DATED
04.03.2022 WITH REGARD TO KCC LOAN
EXHIBIT P6 THE TRUE COPY OF DEMAND NOTICE DATED
07.03.2022 WITH REGARD TO HOUSING LOAN
EXHIBIT P7 THE TRUE COPY OF POSSESSION NOTICE DATED
03.06.2022 WITH REGARD TO BOTH THE HOUSING
LOAN FACILITIES
EXHIBIT P8 THE TRUE COPY OF POSSESSION NOTICE DATED
03.06.2022 WITH REGARD TO FIRST KCC LOAN
FACILITY (0087656000000012)
EXHIBIT P9 THE TRUE COPY OF JUDGMENT DATED 18.10.2022
PASSED BY THIS HON'BLE COURT IN W.P(C) NO.
EXHIBIT P10 THE TRUE COPY OF SANCTION LETTER DATED
14.02.2019 PRODUCED BY RESPONDENT BANK
ALLEGEDLY SIGNED BY THE 1ST PETITIONER
EXHIBIT P11 THE TRUE COPY OF LOAN CLOSURE CERTIFICATE
DATED 17.04.2023 WITH REGARD TO HOUSING LOAN
A/C NO. 0087655000000066 ISSUED BY THE
RESPONDENT BANK
EXHIBIT P12 THE TRUE COPY OF LOAN CLOSURE CERTIFICATE
DATED 17.04.2023 WITH REGARD TO HOUSING LOAN
A/C NO. 0087655000000139 ISSUED BY THE
RESPONDENT BANK
EXHIBIT P13 THE TRUE COPY OF SALE NOTICE DATED 14.03.2024
ISSUED U/R 8(6) AND 9(1) OF SECURITY INTEREST
(ENFORCEMENT) RULES, 2002 BY THE RESPONDENT
BANK
EXHIBIT P14 THE TRUE COPY OF ORDER DATED 03.01.2024
ISSUED BY THE HON'BLE DRT-II, ERNAKULAM IN SA
OP (DRT) NO. 95 OF 2025
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EXHIBIT P15 THE TRUE COPY OF SALE NOTICE DATED 17.05.2024
ISSUED U/R 8(6) AND 9(1) OF SECURITY INTEREST
(ENFORCEMENT) RULES, 2002 BY THE RESPONDENT
BANK
EXHIBIT P16 THE TRUE COPY RESTORATION PETITION MA 88/2024
IN SA 131/2023 DATED 06.06.2024
EXHIBIT P17 THE TRUE COPY RESTORATION PETITION MA 89/2024
IN SA 131/2023 DATED 06.06.2024
EXHIBIT P18 THE TRUE COPY OF SALE NOTICE DATED 24.09.2024
ISSUED BY THE RESPONDENT BANK
EXHIBIT P19 THE TRUE COPY OF JUDGMENT DATED 28.11.2024 IN
OP(DRT) 342/2024 ISSUED BY THIS HON'BLE COURT
EXHIBIT P20 THE TRUE COPY OF SALE NOTICE DATED 04.12.2024
ISSUED BY THE RESPONDENT BANK
EXHIBIT P21 THE TRUE COPY OF SALE NOTICE DATED 12.02.2025
ISSUED BY THE RESPONDENT BANK
EXHIBIT P22 THE TRUE COPIES OF PHOTOGRAPHS EVIDENCING THE
DAMAGE TO THE RESIDENTIAL BUILDING OF THE 1ST
PETITIONER CAUSED DUE TO THE FIRE
EXHIBIT P23 THE TRUE COPY OF REPRESENTATION DATED
08.03.2025 SUBMITTED BY THE 1ST PETITIONER
EXHIBIT P24 THE TRUE COPY OF DETAILS OF ALTERNATIVE
PROPERTY SUGGESTED BY THE 1ST PETITIONER FOR
REPLACING THE TITLE DEEDS OF RESIDENTIAL
PROPERTY
EXHIBIT P25 THE TRUE COPY OF REPLY LETTER DATED
12.03.2025 ISSUED BY THE RESPONDENT BANK
// True Copy // PA To Judge
