Kerala High Court
Shajimon M. K vs Jose Geeorge on 13 June, 2025
OP (DRT) NO. 47 OF 2025
1
2025:KER:41945
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. 47 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 29.01.2025 IN SA NO.61 OF
2024 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONERS:
1 SHAJIMON M. K.,
AGED 58 YEARS
S/O KUTTAPPAN, MATTATHIL KAROTTU HOUSE,
PEROOR P. O., KOTTAYAM, PIN - 686537
2 KURUVILLA K. P.,
AGED 60 YEARS
S/O POTHAN, KANATTU HOUSE, PEROOR P. O.,
KOTTAYAM, PIN - 686537
3 JOY ABRAHAM,
AGED 60 YEARS
S/O ABRAHAM, CHERUPARAMBIL HOUSE,
KANAKKARI P.O. , KOTTAYAM, PIN - 686632
BY ADVS.
SRI.PAUL ABRAHAM VAKKANAL
SRI.ABRAHAM VAKKANAL (SR.)
SMT.VINEETHA SUSAN THOMAS
SHRI.ANIRUDH INDUKALADHARAN
SHRI.JEEVAN BABU
RESPONDENTS:
1 JOSE GEEORGE,
S/O GEORGEKUTTY, AMBALAKKULAM HOUSE,
ATHIRAMPUZHA P.O., KOTTAYAM, PIN - 686562
2 STATE BANK OF INDIA,
OP (DRT) NO. 47 OF 2025
2
2025:KER:41945
STRESSED ASSETS RECOVERY BRANCH,
RS BUILDING, M. G. ROAD, ERNAKULAM,
REPRESENTED BY ITS MANAGER, PIN - 682011
3 M/S MAREENA TRADING AND EXPORTS,
50/ 130, MAREENA ARCADE,
PONEVAZHY CROSS ROAD, EDAPPALLY, KOCHI,
REPRESENTED BY ITS MANAGING PARTNER, PIN - 682024
4 XAVIER KUTTY K J,
S/O JOSEPH JAMES, MANAGING PARTNER,
MAREENA TRADING AND EXPORTS, BMRA-4,
BALAKRISHNA MENON ROAD, EDAPALLY,
KOCHI, PIN - 682024
5 SONY JAMES,
S/O JOSEPH JAMES, PARTNER,
M/S MAREENA TRADING AND EXPORTS,
25/51, FLAT NO. 24, PUTHETHU HOUSE,
POOVATHA P. O. VAIKOM, KOTTAYAM, PIN - 686562
6 ALICE XAVIER,
W/O XAVIERKUTTY, BALAKRISHNA MENON ROAD,
EDAPALLY, KOCHI, PIN - 682024
BY ADV SRI.V.PHILIP MATHEWS
OTHER PRESENT:
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:
OP (DRT) NO. 47 OF 2025
3
2025:KER:41945
MOHAMMED NIAS C.P., J
=========================
O.P(DRT) No.47 of 2025
=========================
Dated this the 13th day of June, 2025
JUDGMENT
This original petition is filed with the following prayers;
" i. Issue appropriate order or direction setting aside the directions
contained in Ext.P1 proceedings dt. 29-1-2025 in SA 61/2024 to the extent it says
as follows : "However, for the interest of justice, the defendant auction
purchaser shall furnish an undertaking before this Tribunal within 15 days from
today that in the event the applicant will succeed in the SA, he will restore the
status quo of the land as on the day of taking possession by him at his cost
within a reasonable period of two months without claiming any equity for such
construction. Till furnishing of undertaking, the defendant auction purchaser
shall not proceed further in the construction of new house over his purchased
property."
ii. Issue appropriate order or direction, directing the Hon'ble DRT-II, Ernakulam, to
hear and dispose of SA No. 61/2024 within a period of 2 months or within a time frame as being
fixed by this Hon'ble Court
iii. Petitioners also pray that this Hon'ble Court may be pleased to dispense with the
translation of the documents produced in the Vernacular Language
iv. Grant such other reliefs which this Hon'ble Court may deem just and proper to be
granted on the facts and circumstances of this case."
2. The rider placed by the Tribunal in Ext.P1 order, to direct
the auction purchaser before the Tribunal to undertake that if the
applicant succeeds, the auction purchaser will restore the land taken
OP (DRT) NO. 47 OF 2025
2025:KER:41945
possession of by him at his cost without claiming any equity for any
construction made. It is this direction, at an interlocutory stage, that is
challenged in this original petition.
3. Upon admission of the original petition, this Court passed
an interim order on 13.02.2025, granting an interim order as prayed
for, and the same is in force. It is submitted by all the parties that the
securitisation application preferred by the 1st respondent is pending
consideration before the Debts Recovery Tribunal-II, Ernakulam.
4. Accordingly, there will be a direction to the Debts Recovery
Tribunal-II, Ernakulam, to hear and dispose of the SA No.61/2024 at the
earliest, at any rate, within three months from the date of receipt of a
copy of the judgment. It is made clear that the contentions of the
parties are left open. It will be open to the Tribunal to consider the
rival contentions and pass appropriate orders, in accordance with law,
including passing appropriate directions in case the applicant before
the Tribunal succeeds. The direction to the auction purchaser to
furnish an undertaking as stated above, pending the consideration by
the Tribunal, shall not be enforced.
OP (DRT) NO. 47 OF 2025
2025:KER:41945
The original petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
OP (DRT) NO. 47 OF 2025
2025:KER:41945
APPENDIX OF OP (DRT) 47/2025
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DT: 29-01-2025
IN S.A 61/2024 OF THE DRT - II, ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DT. 05-04-2024
IN IA NO. 759/2024 AND IA 761/2024 IN SA
61/2024 OF THE DRT - II ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE THANDAPER ACCOUNT DETAILS
DT. 14-05-2024 ISSUED TO PETITIONERS BY THE
VILLAGE OFFICER, ATHIRAMPUZHA, KOTTAYAM
DISTRICT.
EXHIBIT P3(A) TRUE COPY OF THE LAND TAX RECEIPT DT. 14-05-
2024 ISSUED TO PETITIONERS BY THE VILLAGE
OFFICE, ATHIRAMPUZHA, KOTTAYAM DISTRICT.
EXHIBIT P3(B) TRUE COPY OF THE POSSESSION CERTIFICATE DT.
14-05-2024 ISSUED IN FAVOR OF THE PETITIONERS
BY THE VILLAGE OFFICER, ATHIRAMPUZHA,
KOTTAYAM DISTRICT.
EXHIBIT P4 TRUE COPY OF ORDER DT. 10-06-2024 IN I.A NO.
2014/2024 IN S.A NO. 61/2024.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE REPORT
SUBMITTED BY THE ADVOCATE COMMISSIONER BEFORE
THE CJM COURT, KOTTAYAM IN M.C NO. 208/2024
DT. 02-07-2024.
// True Copy // PA To Judge
