Kerala High Court
Remani P. Nair vs The Authorized Officer on 22 October, 2025
OP (DRT) NO. 284 OF 2025
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2025:KER:78523
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
OP (DRT) NO. 284 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN SA NO.919 OF 2024 OF
DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/S:
REMANI P. NAIR,
AGED 60 YEARS
W/O LATE PARAMESWARAN NAIR,XNII/86, PRA 153,
PARAMESWARATH HOUSE,PARAPILLIL ROAD,
THIRUVANKULAM.,EMAKULA, PIN - 682305
BY ADVS.
SRI.SAJEEVAN KURUKKUTTIYULLATHIL
SHRI.JOHN PAUL PADIKKALA
SHRI.RENJITH R.
RESPONDENT/S:
1 THE AUTHORIZED OFFICER,
STATE BANK OF INDIA. SME VVTTILA BRANCH, 2ND FLOOR.
SYAMA BUSINESS FIUB, VYTTILA JUNCTION,ERNAKULAM, PIN -
682019
2 REJEESH K,
S/O LATE PARAMESWARAN NAIR.,FLAT NO.12D, ASSET CITY
BAY,KARINGACHIRA, THRIPUNITHURA, PIN - 682301
BY ADV SRI.AMAL GEORGE
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 22.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 284 OF 2025
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BASANT BALAJI J
======================
W.P. (C) No. 38809 of 2025
========================
Dated 21st day of October, 2025
JUDGMENT
The petitioner is the first applicant in Securitization Application
(for short, 'S.A.') No. 919 of 2024 on the files of the Debt Recovery
Tribunal-I (for short, 'DRT'), Ernakulam. S.A. No. 919 of 2024 was filed
challenging the notices issued to the petitioner under Sections 13(2) and
13(4) of the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI
Act'), and the further steps taken pursuant thereto. Along with the said
S.A., I.A. No. 4462 of 2024 was filed seeking an order to stay all
proceedings against the scheduled property.
OP (DRT) NO. 284 OF 2025
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2. Thereafter, the petitioner approached this Court by filing
O.P.(DRT) No. 369 of 2024, and this Court, by judgment dated
11.12.2024, disposed of the original petition directing the Tribunal to pass
orders on I.A. No. 4462 of 2024 in S.A. No. 919 of 2024, after hearing
both sides, within two months from the date of receipt of a certified copy
of the judgment. Pursuant thereto, the Tribunal took up the said
interlocutory application and, by Ext.P4 order dated 26.06.2025,
dismissed the same. Upon dismissal of the stay petition, the bank
proceeded further with the proceedings and obtained orders in
M.C.No.1020 of 2024 for taking physical possession of the scheduled
property, and the Advocate Commissioner issued notice for the same,
fixing 12.09.2025 as the date for taking possession.
OP (DRT) NO. 284 OF 2025
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3. At this stage, the petitioner again filed Ext.P7 stay petition, as
I.A. No. 3534 of 2025, seeking to stay the proceedings for taking physical
possession, and also approached this Court by filing the present original
petition seeking a direction to the DRT-I, Ernakulam, to consider and
dispose of the stay petition within a time frame and to defer further
proceedings till such disposal. This Court, by interim order dated
25.09.2025, taking note of the fact that there was no sitting in the DRT-I,
Ernakulam till 29.09.2025, directed the bank not to take any coercive
steps against the petitioner till 06.10.2025.
4. Today, the learned counsel for the respondent filed a counter
affidavit producing the judgment in O.P. (DRT) No. 369 of 2024 as
Ext.R1(a) and submitted that the stay petition filed along with the S.A.
had already been dismissed as per Ext.P4 order dated 26.06.2025, and that
OP (DRT) NO. 284 OF 2025
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the said order has not been challenged till date. It is further submitted that
Ext.P5 is the notice issued by the Advocate Commissioner for taking
physical possession of the secured asset, consequent to the dismissal of the
stay petition. At this stage, Ext.P7 has been filed by the petitioner only to
protract the proceedings.
5. Having heard the learned counsel for the petitioner as well as the
learned counsel for the respondent, and taking note of the fact that the
stay petition filed as Ext.P3 has already been dismissed by Ext.P4, no
further direction can be issued to the DRT to hear and pass orders on the
second stay petition filed as Ext.P7. It is also brought to the notice of this
Court that the matter is posted before the DRT on 20.09.2025 for passing
final orders on the stay petition.
OP (DRT) NO. 284 OF 2025
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6. In such circumstances, I do not find any grounds to issue a
direction to the DRT to take up Ext.P7 and pass orders; it is for the DRT
to independently consider the same and pass appropriate orders in
accordance with law.
The original petition is disposed of as above.
Sd/-
BASANT BALAJI, JUDGE
RMV
OP (DRT) NO. 284 OF 2025
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APPENDIX OF OP (DRT) 284/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF
S.A.NO.919/2024 ON THE FILES OF DRT-1,
ERNAKULAM, WITHOUT ANNEXURES.
Exhibit P2 TRUE COPY OF THE ORDER IN M.C NO. 1020 OF
2024 OF ADDL. CHIEF JUDICIAL MAGISTRATE
ERNAKULAM DATED 08/11/2024.
Exhibit P3 TRUE COPY OF THE AFFIDAVIT AND STAY PETITION
I.A. NO.4462/2024 IN SA NO.919/2024 OF DRT -1
ERNAKULAM
Exhibit P4 A_ TRUE COPY OF THE ORDER IN I.A.
NO.4462/2024 IN SA NO.919/2024 OF DRT -1
ERNAKULAM DATED 26.06.2025
Exhibit P5 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY
THE ADVOCATE COMMISSIONER DATED 25.08.2025
Exhibit P6 TRUE COPY OF AFFIDAVIT AND AMENDMENT IA
3533/2025 IN S.A 919 OF 2024 OF DRT-1
ERNAKULAM
Exhibit P7 TRUE COPY OF AFFIDAVIT AND STAY PETITION IA
3534/2025 IN S.A 919 OF 2024 OF DRT-1
ERNAKULAM
Exhibit P8 TRUE COPY OF THE ORDER PROCEEDINGS IN SA
919/2024 DATED 17/09/2025 DOWNLOADED FROM THE
WEB SITE OF DRT - I, ERNAKULAM.
RESPONDENT EXHIBITS
Exhibit R1(A) True Photocopy of the judgment passed in
OP(DRT) 369 of 2024 dated 11/12/2024
Exhibit R1(B) True Photocopy of the counter affidavit dated
26/12/2024 filed in IA.N0.4462/2024 in
S.A.N0.919/2024 by respondent Bank
Exhibit R1(C) True Photocopy of the written statement dated
26/12/2024 filed by respondent Bank in
S.A.N0.919/2024.
OP (DRT) NO. 284 OF 2025
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Exhibit R1(D) True Photocopy of the counter affidavit dated
16/09/2025 filed in IA.N0.3534/2025 in
S.A.N0.919/2024 by respondent Bank
