Kerala High Court
Ramakrishnan E V vs The Authorized Officer on 30 October, 2025
OP (DRT) NO. 337 OF 2025
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2025:KER:81781
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 30TH DAY OF OCTOBER 2025 / 8TH KARTHIKA, 1947
OP (DRT) NO. 337 OF 2025
PETITIONER/S:
RAMAKRISHNAN E V,
AGED 72 YEARS
S/O.VELU, EASWARAMANGALATH HOUSE,KAVANAD
P.O,MALA,THRISSUR, PIN - 680732
BY ADV SHRI.PRAVEEN K. JOY
RESPONDENT/S:
1 THE AUTHORIZED OFFICER,
IRINJALAKUDA TOWN CO-OPERATIVE BANK, HEAD OFFICE,TANA
SOUTH IRINJALAKUDA,THRISSUR, PIN - 680121
2 THE BRANCH MANAGER,
IRINJALAKUDA TOWN CO-OPERATIVE BANK,HEAD OFFICE,TANA
SOUTH,IRINJALAKUDA,THRISSUR, PIN - 680121
OTHER PRESENT:
SC SRI. DEVAPRASANTH. P.J
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 30.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 337 OF 2025
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BASANT BALAJI J
======================
OP (DRT) No. 337 of 2025
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Dated 30th day of October, 2025
JUDGMENT
The Original Petition has been filed under Article 227 of the
Constitution of India.
2. The petitioner is the applicant in Securitisation Application
(S.A.) No. 443 of 2024 on the files of the Debts Recovery Tribunal-II,
Ernakulam (for short, 'the DRT'), wherein the proceedings initiated
against the petitioner under the provisions of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest
Act, 2002 (SARFAESI Act) is challenged. Along with the Securitisation
Application, the petitioner had also filed an interlocutory application for
stay, in which an order was passed on 11.07.2024 directing the parties to
maintain status quo, which was subsequently extended till 29.01.2025.
The reason for not extending the interim order is that the case was
OP (DRT) NO. 337 OF 2025
2025:KER:81781
adjourned for final hearing, and the applicant had been seeking
adjournments from time to time and was not ready to proceed with the
hearing of the Securitisation Application. Subsequently, the matter was
posted on 16.04.2025, 04.07.2025, and 04.09.2025, and it is now
adjourned to 28.11.2025 for final hearing.
3. The apprehension of the petitioner is that, before the
Securitisation Application is finally heard, the respondent Bank may
proceed under Section 14 of the SARFAESI Act and take physical
possession of the secured assets.
4. The learned counsel for the respondent Bank submits that, after
obtaining the interim order of status quo, the petitioner had been
adjourning the matter indefinitely. It is taking note of the said fact that the
Debts Recovery Tribunal did not extend the interim order from
29.01.2025.
OP (DRT) NO. 337 OF 2025
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Whatever that may be, the case is now posted to 28.11.2025 for
final hearing. In these circumstances, the petitioner has assured that he
will be ready for final hearing on the said date. Based on the submission
made by the learned counsel for the petitioner, the Original Petition
(DRT) is disposed of, directing the DRT to dispose of the Securitisation
Application itself on the next posting date itself or any day convenient for
the Tribunal.
Sd/-
BASANT BALAJI, JUDGE
RMV
OP (DRT) NO. 337 OF 2025
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APPENDIX OF OP (DRT) 337/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ADVOCATE COMMISSION
NOTICE DATED 03.07.2024
Exhibit P2 THE TRUE COPY OF THE SECURITIZATION
APPLICATION AS SA NO. 443/2024 WITHOUT
ANNEXURES DATED 05.07.2024 FILED BEFORE THE
HON'BLE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
Exhibit P3 THE TRUE COPY OF THE WRITTEN STATEMENT IN SA
NO. 443/2024 WITHOUT ANNEXURES DATED
07.09.2024 FILED BEFORE THE HON'BLE DEBT
RECOVERY TRIBUNAL-II, ERNAKULAM
Exhibit P4 THE TRUE COPY OF THE STAY PETITION NUMBERED
AS IA NO. 2588/2024 FILED ALONG WITH SA NO.
443/2024 DATED 05.07.2024 FILED BEFORE THE
HON'BLE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
Exhibit P5 THE TRUE COPY OF THE ORDER IN SA NO. 443/2024
DATED 11.07.2024 OF THE HON'BLE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM
Exhibit P6 THE TRUE COPY OF THE ORDER IN SA NO. 443/2024
DATED 09.08.2024 OF THE HON'BLE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM
Exhibit P7 THE TRUE COPY OF THE ORDER IN SA NO. 443/2024
DATED 10.12.2024 OF THE HON'BLE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM
Exhibit P8 THE TRUE COPY OF THE ORDER IN SA NO. 443/2024
DATED 10.01.2025 OF THE HON'BLE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM
Exhibit P9 THE TRUE COPY OF THE ORDER IN SA NO. 443/2024
DATED 29.01.2025 OF THE HON'BLE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM
Exhibit P10 THE TRUE COPY OF THE ORDER IN SA NO. 443/2024
DATED 16.04.2025 OF THE HON'BLE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM
Exhibit P11 THE TRUE COPY OF THE ORDER IN SA NO. 443/2024
DATED 04.07.2025 OF THE HON'BLE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM
Exhibit P12 THE TRUE COPY OF THE ORDER IN SA NO. 443/2024
DATED 11.07.2024 OF THE HON'BLE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM
Exhibit P13 THE TRUE COPY OF THE ORDER IN SA NO. 443/2024
DATED 04.09.2025 OF THE HON'BLE DEBT RECOVERY
OP (DRT) NO. 337 OF 2025
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TRIBUNAL-II, ERNAKULAM
Exhibit P14 THE TRUE COPY OF THE JUDGMENT IN WP (C) NO.
360/2020 OF THEHON'BLE HIGH COURT OF KERALA
Exhibit P15 THE TRUE COPY OF THE IA NO.2985/2024 IN S A
NO. 443/2024 DATED 01.08.2024 OF THE HON'BLE
DEBT RECOVERY TRIBUNAL-II, WITH ANNEXURES
Exhibit P16 THE TRUE COPY OF THE NOTIFICATION FROM THE
REGISTRAR OF THE HON'BLE DEBT RECOVERY
TRIBUNAL-II, ERNAKULAM DATED 17.10.2025
