Kerala High Court
Mr.K. Moideen Kutty Haji vs Bank Of India on 10 October, 2025
OP (DRT) NO. 320 OF 2025
1
2025:KER:75356
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
OP (DRT) NO. 320 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 22.08.2025 IN SA NO.146 OF
2025 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONERS:
1 MR.K. MOIDEEN KUTTY HAJI,
AGED 90 YEARS
S/O.KUNHAPPU,PATTUVATHIL HOUSE,
CHATTANCHAL,P.O. THEKKIL,
KASARAGOD DISTRICT, PIN - 671541
2 MR. T.K. FIAZAL,
AGED 48 YEARS
S/O.K. MOIDEEN KUTTY HAJI,
PATTUVATHIL HOUSE,CHATTANCHAL,
P.O. THEKKIL,
KASARAGOD DISTRICT, PIN - 671541
3 MR.K.MOHAMMAD IQBAL,
AGED 54 YEARS
S/O.K. MOIDEEN KUTTY HAJI,PATTUVATHIL
HOUSE,CHATTANCHAL, P.O. THEKKIL,
KASARAGOD DISTRICT, PIN - 671541
4 MRS. SUBAIDA ALIAS SUHARA,
AGED 57 YEARS
D/O K. MOIDEEN KUTTY HAJI,PATTUVATHIL
HOUSE,CHATTANCHAL, P.O. THEKKIL,
KASARAGOD DISTRICT, PIN - 671541
5 MRS. THAHIRA HARIS,
AGED 53 YEARS
D/O.K. MOIDEEN KUTTY HAJI,PATTUVATHIL
HOUSE,CHATTANCHAL, P.O. THEKKIL,
KASARAGOD DISTRICT, PIN - 671541
6 MRS. KADEEJA K.M,
OP (DRT) NO. 320 OF 2025
2
2025:KER:75356
AGED 70 YEARS
W/O.K. MOIDEEN KUNHI HAJI,
MBM CRESCENT MANIKOTH PO,ATHINGAL,
KANHANGAD, KASARAGOD DISTRICT, PIN - 671531
BY ADVS.
SMT.M.R.JAYALATHA
SRI.M.KIRANLAL
RESPONDENTS:
1 BANK OF INDIA,
REP BY ITS CHIEF MANAGER & AUTHORIZED OFFICER,
KASARAGOD BRANCH,HIGH LANE PLAZA,MG ROAD P.O,
KASARAGOD DISTRICT, PIN - 671121
2 M.A.SADDIK,
S/O M.M.ADAM KUNHI,KURIKKAL VALACHAL
HOUSE,BAMBRANA,KOIPADY,
KASARAGOD, PIN - 671321
3 SHAHANA.L,
C.M.HOUSE, AVIYIL,KANHANGAD,
KASARAGOD., PIN - 671315
4 ABDUL RAHIMAN MOIDIN KUNHI I UDYAVAR,
S/O LATE MOIDIN KUNHI KUNJATHUR,
ZOHARA MANZIL,MOULANA ROAD,
UDYAWAR, MANJESWARAM,
KASARAGOD, PIN - 671323
BY ADVS.
SHRI.JAWAHAR JOSE
SHRI.AUGUSTINE P.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 10.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 320 OF 2025
3
2025:KER:75356
JUDGMENT
This original petition is filed with the following prayers;
" i. Call for the records leading to the issuance of the
impugned order dated 22.08.2025 passed by the Hon'ble Debt
Recovery Tribunal-I, Ernakulam in I.A. No. 2649/2025 in S.A. No.
146/2025 (Exhibit P16); and to set aside the said order as illegal,
arbitrary, and passed without proper application of mind.
ii. To pass an appropriate orders staying all further
proceedings pursuant to the e-auction sale conducted on
10.06.2025, pending disposal of this Original Petition;
iii. To direct the respondent bank to produce the
original valuation reports relied upon for fixing the reserve
prices in each of the three sale notices. including the latest
valuation report, if any, obtained prior to the auction dated
10.06.2025, as well as the valuation report, if any, prepared at the
time of creation of the mortgage;
iv. To stay all further proceedings pursuant to the sale
deed 10.06.2025 till the disposal of IA 2709/2025 (review petition-
Ext P11) pending before the DRT-1, Ernakulam.
v. To stay all further proceedings related to the
properties in question till the final disposal of the S.A;
vi. To direct the DRT-1 Ernakulam to dispose of the
petition for appointing an Advocate Commissioner to access the
valuation of the property covered by Sale Deed No. 3040/2029 of
SRO Uduma, pertaining to a nearby property sold at a
significantly higher market value, which was marked as
Annexure Bl as well as the secured assets vide ID No. 17083 2025
in S.A. No. 146/2025 within time frame fixed by this Hon'ble
Court:
vii. Dispense with filing of the translation of vernacular
documents."
2. Pursuant to the directions in O.P.(DRT) No.208 of 2025 dated
28.07.2025 passed by this Court, which directed the Debts Recovery
OP (DRT) NO. 320 OF 2025
2025:KER:75356
Tribunal to consider the application for stay preferred by the
petitioners, Ext.P16 order was passed, rejecting the same. The prayer
sought in the said interlocutory application was to stay all further
proceedings pursuant to the sale conducted by the bank on 10.06.2025.
It is submitted that against the dismissal, the petitioners preferred
Ext.P11 review application.
3. Taking note of the fact that I.A.No.2709 of 2025 is filed
seeking a review of Ext.P16 order, there will be a direction to the
petitioners to move the Tribunal concerned, at the earliest, for a
decision on the review petition. To enable the petitioners to do so,
further proceedings shall be deferred for a period of ten days. All the
other prayers sought for in the original petition are without any merit
and liable to be rejected.
The original petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
OP (DRT) NO. 320 OF 2025
2025:KER:75356
APPENDIX OF OP (DRT) 320/2025
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM OF
S.A.NO.146/2025 FILED UNDER SECTION 17(1) OF
THE SECURITIZATION AND RECONSTRUCTION OF
FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY
INTEREST ACT, 2002, DATED 21.2.2025 ALONG
WITH ANNEXURES
EXHIBIT P2 A TRUE COPY OF THE PETITION VIDE I.A. NO.
1567/2025 IN S.A. NO. 146/2025 DATED
14.04.2025, FILED BY THE PETITIONERS BEFORE
THE HON'BLE DRT-I, ERNAKULAM.
EXHIBIT P3 A TRUE COPY OF THE COUNTER AFFIDAVIT IN I.A.
NO. 1567/2025 IN S.A. NO. 146/2025 DATED
24.4.2025, FILED BY THE 1ST RESPONDENT BEFORE
THE HON'BLE DRT-I, ERNAKULAM
EXHIBIT P4 A TRUE COPY OF THE AMENDMENT PETITION, VIDE
I.A. NO. 2199/2025 IN S.A. NO. 146/2025 DATED
04.06.2025, FILED BY THE PETITIONERS BEFORE
THE HON'BLE DRT-I, ERNAKULAM
EXHIBIT P5 A TRUE COPY OF THE STAY PETITION, VIDE I.A.
NO. 2201/2025 IN S.A. NO. 146/2025 DATED
04.06.2025, FILED BY THE PETITIONERS BEFORE
THE HON'BLE DRT-I, ERNAKULAM
EXHIBIT P6 A TRUE COPY OF THE DIRECTION PETITION, VIDE
I.A. NO. 2200/2025 IN S.A. NO. 146/2025 DATED
04.06.2025, FILED BY THE PETITIONERS BEFORE
THE HON'BLE DRT-I, ERNAKULAM.
EXHIBIT P7 A TRUE COPY OF THE COUNTER AFFIDAVIT IN I.A.
NO. 2201/2025 IN S.A. NO. 146/2025DATED
10.6.2025, FILED BY THE 1ST RESPONDENT BEFORE
THE HON'BLE DRT-I, ERNAKULAM
EXHIBIT P8 A TRUE COPY OF THE PETITION FOR ACCEPTING THE
SAID DOCUMENT, VIDE I.A. NO. 2255/2025 IN
S.A. NO. 146/2025 DATED 11.06.2025 FILED BY
THE PETITIONERS BEFORE THE HON'BLE DRT-I,
ERNAKULAM
EXHIBIT P9 A TRUE COPY OF THE REJECTION ORDER IN I.A.
NO. 2201/2025 IN S.A. NO. 146/2025DATED
12.6.2025, PASSED BY THE HON'BLE DRT-I,
ERNAKULAM.
EXHIBIT P10 A TRUE COPY OF THE JUDGMENT DATED 07.07.2025
IN OP DRT 184/2025 OF THIS HON'BLE COURT
EXHIBIT P11 A TRUE COPY OF THE PETITION IN IA 2709/2025
FILED AS REVIEW AGAINST THE ORDER IN IA
OP (DRT) NO. 320 OF 2025
2025:KER:75356
2201/2025 IN S.A. NO. 146/2025
EXHIBIT P12 A TRUE COPY OF THE AMENDMENT PETITION IN IA
2648/2025 IN S.A. NO. 146/2025 DATED
03.07.2025 CHALLENGING THE SALE
EXHIBIT P13 A TRUE COPY OF THE STAY PETITION, VIDE I.A.
NO. 2649/2025 IN S.A. NO. 146/2025 DATED
03.07.2025.
EXHIBIT P14 A TRUE COPY OF THE REJECTION ORDER PASSED BY
THE HON'BLE DRT-I, ERNAKULAM IN I.A.NO.
2649/2025 IN S.A. NO. 146/2025 DATED
17.7.2025.
EXHIBIT P15 A TRUE COPY OF THE JUDGMENT DATED 28.07.2025
IN OP DRT 208/2025 OF THIS HON'BLE COURT
EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 22.8.2025 IN
EXHIBIT P17 A TRUE COPY OF THE PETITION VIDE ID NO. 17083
/2025 IN S.A. NO. 146/2025.
// True Copy // PA To Judge
