Kerala High Court
Muhammed Nishad vs State Bank Of India on 8 October, 2025
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OP (DRT) NO.304 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 8TH DAY OF OCTOBER 2025 / 16TH ASWINA, 1947
OP (DRT) NO. 304 OF 2025
AGAINST THE ORDER/JUDGMENT IN SA NO.386 OF 2025 OF DEBT
RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONER(S)/1ST APPLICANT:
MUHAMMED NISHAD,
AGED 44 YEARS
S/O UMMAR, RESIDING AT NIHAS MANZIL, CHANDIRROR
PO,CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688535
BY ADV SRI.P.T.SHEEJISH
RESPONDENT/S:
1 STATE BANK OF INDIA,
STRESSED ASSET RECOVERY BRANCH 1, 32/1747, K1,
7TH FLOOR,VANKARATH TOWERS, PALARIVATTOM BYPASS
JUNCTION, ERNAKULAM DISTRICT, PIN - 682025
2 AUTHORIZED OFFICER,
STATE BANK OF INDIA, STRESSED ASSET RECOVERY
BRANCH 1, 32/1747, K1, 7TH FLOOR, VANKARATH
TOWERS, PALARIVATTOM BYPASS JUNCTION, ERNAKULAM
DISTRICT, PIN - 682025
3 RASHEEDA K,
AGED 38 YEARS
W/O MUHAMMED NISHAD, RESIDIN AT NIHAS MANZIL,
CHANDIRROR PO, CHERTHALA, ALAPPUZHA DISTRICT, PIN
- 688535
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OP (DRT) NO.304 OF 2025
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BY ADVS.
SHRI.TOM K.THOMAS, SC
SMT.BINI DAS
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 08.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
The original petition is filed with the following prayers;
"(i) To direct the Debt Recovery Tribunal, Ernakulam
II to extend the stay of coercive proceedings against
the petitioner's residential property granted in SA
No.386/2025, and and to give back the possession of
the residence of the petitioner, on appropriate
condition, in the interest of justice.
(ii) To call for the records relating to the Exhibit
P3advocate commissioner notice, and to set aside the
proceedings to the same, in the interest of justice.
(iii) To grant reasonable time to clear the
outstanding dues towards the loan amount, in the
interest of justice.
(iv) To grant such other or further reliefs, as this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case."
2. Upon admission of the original petition, the following order
was passed by this Court on 26.09.2025;
Permission was sought for a today moving of this
Original petition, on the submission that though the
Bank has taken possession of the secured asset, a cat
belonging to the petitioner is trapped inside the
house, and accordingly, permission for today moving
was granted. In view of the above submission, there
will be a direction to the respondent Bank, which is
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OP (DRT) NO.304 OF 2025
in possession of the secured asset, to verify the
correctness of the above submission and, if true, to
ensure that the said pet is handed over to the
petitioner without delay. A statement shall be filed
by the Bank regarding the above on or before
06.10.2025. Post on 06.10.2025.
3. A counter affidavit has been filed on behalf of the Bank as
follows;
"4. It is also submitted that in furtherance to the
order of this Hon'ble Court dated 26.09.2025, the
undersigned went to the secured assets 27.09.2025
itself and on opening the door of the house, one male
cat came out of the house and petitioner took
custody of the cat. The movables if any kept inside
the house can be taken by the petitioner with due
intimation to the bank. It is submitted that all the
actions taken by the bank are strictly in accordance
with law. If at all the petitioner has any grievance,
he can pursue his remedy in the pending
Securitization Application before the Debts Recovery
Tribunal."
The above averments are recorded.
4. In view of the above, nothing remains to be considered in
this original petition. If the petitioner wants to remove any movables
from the property, he can approach the Bank, in which case the Bank
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OP (DRT) NO.304 OF 2025
will permit him to remove the movables, if any. It will be open to the
petitioner to raise all contentions, if he is aggrieved by any actions of
the secured creditor in the pending Securitisation Application. It will
also be open to the petitioner to approach the Bank for any
concession/ assistance, including a request for granting the benefit
of One Time Settlement (OTS), which shall be considered in
accordance with law.
The original petition is disposed of as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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OP (DRT) NO.304 OF 2025
APPENDIX OF OP (DRT) 304/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SECTION 13(2) NOTICE
DATED 30.07.2024 ISSUED TO THE
PETITIONER
Exhibit P2 A TRUE COPY OF THE MC NO.19/2025 FILED
BY THE RESPONDENTS BEFORE THE HON'BLE
CJM COURT, ALAPPUZHA DATED 13/12/2024
Exhibit P3 A TRUE COPY OF THE ADVOCATE
COMMISSIONER NOTICE DATED 25/01/2025
Exhibit P4 A TRUE COPY OF THE JUDGMENT IN DATED
01/11/2023 WP(C) NO.33469/2023
Exhibit P5 A TRUE COPY OF THE JUDGMENT INDATED
28/02/2025 WP(C) NO.5171/2025
Exhibit P6 A TRUE COPY OF THE RECEIPTS EVIDENCING
PAYMENT OF RS.9 LAKHS TO THE LOAN
ACCOUNT
Exhibit P7 TURE COPY OF THE MEMORANDUM OF SA
NO.386/2025 FILED BEFORE THE HON'BLE
DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED
05/06/2025
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of letter dated 26 09 2025
issued by the bank to the petitioner
