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Kerala High Court
M/S. Wasuki Farmers Society vs The Canara Bank on 27 March, 2026
2026:KER:27370
OP (DRT) NO. 28 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
OP (DRT) NO. 28 OF 2026
SA NO.938 OF 2025 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/S:
1 M/S. WASUKI FARMERS SOCIETY,
REGN.NO.WYD/CA/316/2016, MEENANGADI P.O., WAYANADU,
REPRESENTED BY ITS PRESENT CHIEF EXECUTIVE OFFICER,
SHRI NITHIN.M.JOY, AGED 39, S/O. M.P. JOY, PIN -
673591
2 ROBIN P.R.,
AGED 37 YEARS
S/O. P.T. RAJU, PADINJAREKUDIYIL HOUSE, KARACHAL
P.O., WAYANAD, PIN - 673591
BY ADVS.
SHRI.VARGHESE C.KURIAKOSE
SMT.AMRITHA.J
SHRI.KURUVILLA MATHEW
SHRI.VIPIN C. VARGHESE
SMT.MARIYA MATHEW
RESPONDENT/S:
1 THE CANARA BANK,
MEENANGADI BRANCH, MEENANGADI, WAYANAD, REPRESENTED
BY ITS BRANCH MANAGER, PIN - 673591
2 THE AUTHORISED OFFICER,
CANARA BANK, ARM BRANCH KOZHIKODE CIRCLE OFFICE, OPP
NATIONAL HOSPITAL, FOURA BUILDING, NEAR RUCHI BHAVAN,
MAVOOR ROAD, KOZHIKODE, PIN - 673001
3 P.T. RAJU,
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OP (DRT) NO. 28 OF 2026
2
AGED 70 YEARS
S/O. LATE THOMAS, PADINJAREKUDIYIL HOUSE, KARACHAL
P.O., WAYANAD, PIN - 673591
4 MANU P.R.,
AGED 39 YEARS
S/O. P.T. RAJU, PADINJAREKUDIYIL HOUSE, KARACHAL
P.O., WAYANAD, PIN - 673591
5 LEELA RAJU,
AGED 64 YEARS
W/O. P.T. RAJU, PADINJAREKUDIYIL HOUSE, KARACHAL
P.O., WAYANAD, PIN - 673591
6 JOSE K.J ( SOUGHT TO BE IMPLEADED )
C/O ROSE JOHN, KANNATTU PARAMBIL HOUSE, MEPPADI ROAD,
NEAR BYPASS JUNCTION, KALPETTA, VYTHIRI, WAYANAD
( SOUGHT TO BE IMPLEADED )
7 ABIN JOSE ( SOUGHT TO BE IMPLEADED )
C/O K.J.JOSE, KANNATTU PARAMBIL HOUSE, MEPPADI ROAD,
NEAR BYPASS JUNCTION, KALPETTA, VYTHIRI, WAYANAD
( SOUGHT TO BE IMPLEADED )
BY ADVS.
SHRI.M.GOPIKRISHNAN NAMBIAR
SRI.T.P.PRADEEP
SRI.P.K.SATHEES KUMAR
SRI.R.K.PRASANTH
SMT.MINIKUMARY M.V.
SHRI.JIJO JOSEPH
SMT.DEVU SHAJI
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
SMT.AKHILA NAMBIAR
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 27.03.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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OP (DRT) NO. 28 OF 2026
3
JUDGMENT
This original petition is filed with a prayer to
direct the Debts Recovery Tribunal-I, Ernakulam to
take up SA No.938 of 2025 and hear the petitioners
and pass orders on the interlocutory applications
which are pending including the stay petition within a
time limit to be stipulated by this Court.
2. Heard the learned counsel for the
petitioners and the learned Standing Counsel for
respondents 1 and 2.
3. Learned counsel for respondents 1 and 2
submitted that the bank has no objections in directing
an early disposal of the stay petitions filed by the
petitioners and which are pending before the DRT. She
also submitted that the petitioners are enjoying the
stay granted by this Court without any conditions and
therefore, this original petition may be disposed off,
by relegating the petitioners to DRT.
4. In the light of the said submission,
there shall be a direction to the DRT-I, Ernakulam to
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OP (DRT) NO. 28 OF 2026
consider Ext.P18 stay petition filed by the
petitioners in S.A.No.938 of 2025, within a period of
two weeks from the date of receipt of a copy of this
judgment. Respondents 1 and 2 shall not take any
coercive steps till the Tribunal takes up Ext.P18 stay
petition for consideration.
This original petition is disposed of as above.
sd/-
P. V. BALAKRISHNAN
JUDGE
scl
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OP (DRT) NO. 28 OF 2026
APPENDIX OF OP (DRT) NO. 28 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS DATED
07.07.2018 ALONGWITH TRANSLATION
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY
AGRICULTURAL OFFICER ATTACHED TO KRISHI
BHAVAN, KALPETTA DATED 17.12.2025 ALONG
WITH TRANSLATION
Exhibit P3 :TRUE COPY OF THE CERTIFICATE ISSUED BY
AGRICULTURAL OFFICER ATTACHED TO KRISHI
BHAVAN, KALPETTA DATED 17.12.2025 ALONG
WITH TRANSLATION
Exhibit P4 TRUE COPY OF THE SECTION 13 (2) NOTICE ON
15.05.2024 ISSUED BY THE RESPONDENT BANK.
Exhibit P5 TRUE COPY OF THE LETTER DATED 16.10.2024
ISSUED BY BANK
Exhibit P6 TRUE COPY OF THE S.13 (4) NOTICE DATED
02.09.2024 ISSUED BY THE RESPONDENT BANK
Exhibit P7 TRUE COPY OF THE SALE NOTICE DATED
04.11.2025 ISSUED BY THE RESPONDENT BANK
Exhibit P8 TRUE COPY OF THE SALE NOTICE PUBLISHED
APPEARING IN HINDU DAILY
Exhibit P9 TRUE COPY OF THE SALE NOTICE DATED
03.12.2025 ISSUED BY THE RESPONDENT BANK
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 06.10.2025
IN W.P. (CIVIL) NO.34743/2025 PASSED BY THE
HON'BLE HIGH COURT OF KERALA, ERNAKULAM
Exhibit P11 TRUE COPY OF THE APPLICATION FILED BEFORE
CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA
BY THE RESPONDENT BANK
Exhibit P12 TRUE COPY OF THE AFFIDAVIT FILED IN
RELATION TO SECTION 14 APPLICATION
Exhibit P13 TRUE COPY OF THE ORDER DATED 12.11.2025 IN
CMP NO. 2926/2025 ON THE FILES OF CJM,
KALPETTA, WAYANAD
Exhibit P14 TRUE COPY OF THE NOTICE DATED 26.12.2025
ISSUED BY THE ADVOCATE COMMISSIONER
Exhibit P15 TRUE COPY OF THE DEATH CERTIFICATE
PERTAINING TO GUARANTOR, P.S.VISWAMBARAN
Exhibit P16 TRUE COPY OF THE AMENDED S.A. NO.938/2025
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OP (DRT) NO. 28 OF 2026
ON THE FILES OF DRT-I, ERNAKULAM WITHOUT
ANNEXURES
Exhibit P17 TRUE COPY OF THE AMENDMENT APPLICATION IA
NO. 213/26 IN IN S.A.NO.938/2025 ON THE
FILES OF DRT-I, ERNAKULAM DATED 07.01.2026
Exhibit P18 TRUE COPY OF THE STAY PETITION IA NO. 214 /
I, ERNAKULAM DATED 07.01.2026
RESPONDENT EXHIBITS
Exhibit R6(a) A true copy of the sale certificate issued
by the 2nd respondent dated 10/12/2025
