Kerala High Court
R.Pranesh vs State Bank Of India on 13 June, 2025
2025:KER:42049
OP (DRT) NO.172 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 13th DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
OP (DRT) NO. 172 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 05.06.2025 IN SA
NO.768 OF 2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/S:
R.PRANESH,
AGED 47 YEARS
S/O.RAJENDRAN,CHOORAPALLAM, PANAYUR POST,ATHIOODE,
POLPULLY, PALAKKAD, PIN - 678552
BY ADVS.
SRI.P.R.HARIKUMAR
SRI.ANANTHU S. HARI
SMT.AMEENA M.S
SMT.LIZA P. CHERIAN
RESPONDENT/S:
STATE BANK OF INDIA,
REPRESENTED BY MANAGING DIRECTOR, BANDRA KURLA
1
COMPLEX, BANDRA EAST,MUMBAI, PIN - 400051
AUTHORIZED OFFICER,
STATE BANK OF INDIA, RETAIL ASSET CREDIT, RACC
2
62475, POLLACHI, PIN - 642001
3 STATE BANK OF INDIA,
REPRESENTED BY THE BRANCH MANAGER, ANAIMALA BRANCH
NO 12 SETHUMADAI ROAD,ANIMALAI, COIMBATORE,
PIN - 642104
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OP (DRT) NO.172 OF 2025
2
SRI. JITHESH MENON, SC.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 13.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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OP (DRT) NO.172 OF 2025
3
MOHAMMED NIAS C. P. , J.
.................................................
OP (DRT) NO.172 OF 2025
.......................................................
Dated this the 13th day of June, 2025
JUDGMENT
The petitioner challenges the order of the Debts Recovery
Tribunal-1, Ernakulam, dated 05.06.2025 in IA 1895 of 2025 in SA
No.768 of 2024. There were several proceedings between the
petitioner and the Bank, the latest of them being WP(C) No.16008 of
2025, resulting in Ext.P8 judgment dated 11th April, 2025. The said
writ petition was disposed of as follows;
"5. Accordingly, there will be a direction to the respondent bank
to accept repayment of the entire outstanding amount of
Rs.4,66,63,282/- (Rupees Four Crore sixty six lakh sixty three
thousand two hundred and eighty two only) along with any
accrued interest, cost and bank charges from the petitioner in
the following manner:
(i) Petitioner shall pay an amount of Rs.50,00,000/-
(Rupees Fifty lakh only) before 05.00 pm on 21.04.2025;
(ii)The balance outstanding amount of Rs.4,16,63,282/-
(Rupees Four Crore sixteen lakh sixty three thousand two
hundred and eighty two only) shall be paid in ten equated
monthly instalments along with any accrued interest,
charges and costs;
(iii) The first instalment shall be paid on or before
31.05.2025 and the subsequent instalments shall be paid
on or before the last working day the succeeding
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OP (DRT) NO.172 OF 2025
months;
(iv) If the petitioner fails to deposit any amount as
directed above, the respondent bank shall be entitled to
proceed in accordance with the law and it will be open to
the Advocate Commissioner to take physical possession of
the secured asset;
(v) In order to enable the petitioner to repay the entire
amounts as above all coercive proceedings shall be kept in
abeyance."
2. Admittedly, the directions of this Court in Ext.P8
judgment were not complied with. Consequently, the Bank initiated
steps for recovery, and the Advocate Commissioner again issued
notice, which was again sought to be challenged by filing a stay
application. Initially, there was an interim stay granted by the
Tribunal, as seen from Ext.P1, an order of status quo was given till
the filing of the counter by the respondent Bank. Thereafter, by
P1(a) order, on the finding that the petitioner was not entitled to any
relief, IA No.1895/2025 was dismissed. It was made clear that there
was no bar for the respondents to proceed further to take physical
possession of the secured asset.
3. The learned counsel for the respondent Bank submits
that earlier applications for stay were also dismissed by the Tribunal.
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OP (DRT) NO.172 OF 2025
4. It is not in dispute that the directions issued by this
Court in Ext.P8 were not complied with. Under such circumstances, I
am not inclined to consider this writ petition on merits or grant any
reliefs, more so, when the matter is pending before the Debts
Recovery Tribunal. Against the orders impugned, the petitioner has
an efficacious alternate remedy before the Appellate Tribunal.
Without prejudice to the right of the petitioner to challenge the
impugned orders before the Appellate Tribunal, this original petition
is dismissed. However, it is stated that the petitioner made a copy
application as ID No.10272 for obtaining a certified copy of Ext.P1(a)
order, and the same has not been supplied to date.
5. Even as I dismiss the writ petition, there will be a
direction to the Debts Recovery Tribunal-1, Ernakulam, to issue a
certified copy of the order IA No.1895 of 2025 in SA No.768/2024, if
the copy application is in order within a period of two weeks from
today. To enable the petitioner to avail of the alternate remedy
noted above, further proceedings by the bank will be deferred for a
period of three weeks.
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OP (DRT) NO.172 OF 2025
Subject to the above, this original petition is dismissed.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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OP (DRT) NO.172 OF 2025
APPENDIX OF OP (DRT) 172/2025
PETITIONER EXHIBITS
TRUE COPY OF THE PROCEEDING SHEET OF DEBT
RECOVERY TRIBUNAL, ERNAKULAM, IN
Exhibit-P1
S.A.768/2024, FROM THE SITE, DATED
16/5/2025.
TRUE COPY OF THE PROCEEDING SHEET OF DEBT
RECOVERY TRIBUNAL, ERNAKULAM IN
Exhibit-P1(a) I.A.NOS.1894/25 AND 1895/25 IN
S.A.768/2024, FROM THE SITE DATED
5/6/2025.
TRUE COPY OF I.A. 1895/2025, STAY
PETITION, DTD. 14/5/2025, FILED BY THE
Exhibit-P2
PETITIONER, BEFORE DEBT RECOVERY TRIBUNAL
NO.1, ERNAKULAM.
TRUE COPY OF I.A.1894/2025 AMENDMENT
APPLICATION, DTD. 14/5/2025, FILED BEFORE
Exhibit-P3
THE DEBT RECOVERY TRIBUNAL NO.1,
ERNAKULAM.
TRUE COPY OF THE PAYMENT RECEIPT OF 10
Exhibit-P4 LAKHS, DTD. 25/3/2024 MADE BY THE
PETITIONER.
TRUE COPY OF THE PAYMENT RECEIPT OF 50
Exhibit-P5
LAKHS, 31/12/2024, MADE BY THE PETITIONER.
TRUE COPY OF THE PETITION IN M.C.430/2024
Exhibit-P6 FILED BEFORE CHIEF JUDICIAL MAGISTRATE
COURT, PALAKKAD, DATED 18/9/2024.
TRUE COPY OF THE AFFIDAVIT, DTD. DATED
Exhibit-P7 18/9/2024, FILED BEFORE CHIEF JUDICIAL
MAGISTRATE COURT, PALAKKAD IN MC 430/2024.
TRUE COPY OF THE JUDGMENT DATED 11/04/2025
Exhibit-P8
IN WRIT PETITION 16008/2025.
TRUE COPY OF THE S.A.768/2024 FILED BY THE
Exhibit-P9 PETITIONER BEFORE DEBT RECOVERY TRIBUNAL
NO.1, ERNAKULAM.
Exhibit-P9(a) TRUE COPY OF THE COUNTER AFFIDAVIT, FILED
BY THE RESPONDENT BANK, IN I.A.1895/2025,
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OP (DRT) NO.172 OF 2025
DATED 21/5/2025 FILED BEFORE THE DEBT
RECOVERY TRIBUNAL, ERNAKULAM.
TRUE COPY OF THE ADVOCATE COMMISSIONER'S
Exhibit-P10
NOTICE DATED 17TH MAY 2025.
TRUE COPY OF THE POSSESSION NOTICE DATED
Exhibit-P11
4/5/2024, ISSUED BY THE RESPONDENT BANK.
TRUE COPY OF THE DEMAND NOTICE DATED
Exhibit-P12 5/1/2024 UNDER SARFAESI ACT, ISSUED BY THE
RESPONDENT BANK.
TRUE COPY OF THE JUDGMENT IN WRIT APPEAL
Exhibit-P13
NO.613/2024, DATED 25/4/2024.
TRUE COPY OF THE ACCOUNT STATEMENT FROM
Exhibit-P14 01/04/2019 TO 22/5/2025 OF THE PETITIONER,
ISSUED BY THE RESPONDENT BANK.
