Disposed

Prakash Kumar C and another v. South Indian Bank

DRAT20 Jun 2025MISC APPEAL/15/2025

Case brief

AI extract

What is this about?

The tribunal dismissed an appeal against an interim order refusing stay proceedings in an SARFAESI case. It directed the DRT to dispose of the main appeal on merits expeditiously given the interim nature of the impugned order. Adjournment granted in effect.

What did the court decide?

Appeal disposed; Directing Learned Presiding Officer to dispose of main SA No.418/2023 expeditiously on merits; Each party to bear own costs.

Prakash Kumar C and another versus South Indian Bank — Banking and Recovery | DRAT (2025)

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MA(SA) 15/2025

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

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Dated the 20^th day of June, 2025

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PRESENT: HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON

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MA (SA) 15/2025

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(arising out of IA No.3262/2023 in SA No.418/2023 on the file of DRT-II, Ernakulam)

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Between

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1. Mr. Prakash Kumar C., S/o Kumaran Nair,

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2. Madhura Meenakshi A.V., W/o Prakash Kumar C.,

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Appellants 1 and 2 are at:

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Chitiath Nandavanam House, Chenathunadu, Chalakkudy P.O., Thrissur District 680 307.

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…..Appellants

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And

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1. The Authorised Officer, South Indian Bank Ltd., Regional Office, Platinum Jubilee Building, Civil Line Road, Ayyanthole, Thrissur District 680 003.

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2. South Indian Bank Ltd. Mission Quarters Branch, Opp: All Saints Church, Main Road, Mission Quarters, Thrissur District 680 001.

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…..Respondents

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Counsel for Appellants	: M/s Zakir Hussain & D. Durairaj
Counsel for Respondents	: M/s Deepa Harigovind & Co.

MA(SA) 15/2025

ORDER

This appeal is filed under Section 18 of the SARFAESI Act against the order against the order dated 5.6.2024 passed in IA 3262/2023 in SA No.418/2023 by Learned Presiding Officer, DRT-II, Ernakulam, Kerala.

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The aforesaid SA was filed challenging Annexure V Possession Notice and measures initiated thereunder pursuant to taking physical possession of the property and for other reliefs. In the said SA, IA 3262/2023 was filed seeking stay of all further proceedings pursuant to the order dated 27.9.2023 issued by the Learned Advocate Commissioner. Learned Presiding Officer considered this IA 3262/2023 along with IA 2627/203 filed seeking stay of all further proceedings pursuant to Annexure V Possession Notice. After consideration, Learned Presiding Officer chose to dismiss both the applications being devoid of merits. Aggrieved by the said order, this appeal is filed.

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Heard Learned Counsel for both sides and perused the records.

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Since this appeal is filed only against an interim order and the main SA

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No.418/2023 is still pending, this Tribunal is of the view that this appeal can be disposed with a direction to Learned Presiding Officer to dispose of the SA 418/2023, as expeditiously as possible.

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MA(SA) 15/2025

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Accordingly, Learned Presiding Officer, DRT-II, Ernakulam is directed to dispose of SA No.418/2023, as expeditiously as possible, on merits and

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in accordance with law.

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In the result, Appeal MA(SA) 15/2025 is disposed of, with the above

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direction. Parties are directed to bear their own costs.

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Pending IAs, if any, stand closed.

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[Dictated to Steno(SN), transcribed by him, corrected, signed and pronounced by me in open court, this 20^th Day of June, 2025)

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Sd/- (JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON

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Prakash Kumar C and another v. South Indian Bank

Case brief

What is this about?

What did the court decide?

Prakash Kumar C and another v. South Indian Bank

Case brief

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What the court decided

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