Upon default in installment payments under a Lok Adalat award, the Tribunal issued a Recovery Certificate for the balance amount and directed the sale of mortgaged properties to realize the applicant bank's dues.
Issue of Recovery Certificate for Rs. 1,55,03,634/- less Rs. 10,00,000/- paid; direction to sell mortgaged properties on default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Fair order
IN THE DEBTS RECOVERY TRIBUNAL – 1 AT ERNAKULAM
DATED THIS 26th DAY OF FEBRUARY, 2024
PRESENT: Su. WILLYAHM, B.Sc., M.L. [DISTRICT JUDGE - Retd] PRESIDING OFFICER
OA No.338/2022
Between
The South Indian Bank Ltd Kalpetta Branch De-Paul Arcade Opposite De-Paul Public School Kalpetta, Wayanad – 673 121 Represented by its Branch Manager
----Applicant
And
----Defendants
This Original application coming on 16.01.2024 for final hearing before me in the presence of Mr. C. Dilip, Advocate for the Applicant
OA 338/2022
bank and Defendants having been set ex-parte and upon hearing arguments of learned counsel for the Applicant bank and upon perusing the material records, this Tribunal delivered the following:
O R D E R
Page 2 of 5
OA 338/2022
claimed in the OA with interest and costs, less payments effected subsequent to passing of the award, on filing of necessary application before the Tribunal intimating the instance of such default.
Typed by PS, transcribed, corrected and pronounced by me in the open court on this the 26th day of February, 2024.
(Su. WILLYAHM)
PRESIDING OFFICER
Page 3 of 5
OA 338/2022
APPLICATION A SCHEDULE
(Property mortgaged)
District : Wayanad Sub District : Vythiri Taluk : Vythiri Farka : Vythiri Village : Thariyod Panchayat : Thariyod Sy. No. : 670/1/A1 Re. Sy. No. : 209/1Pt. Extent (in Ares) : 161.43 Ares Type of Land : Janmam
DESCRIPTION
All that piece and parcel of land having an extent of 1 Hector 61.43 Ares in Re. Sy. No.209/1Pt. (Sy. No.670/1/A1) in Thariyod Village described in and covered by Will No.24/2007 of SRO Vythiri.
BOUNDARIES
East : Property of 1st defendant South : Property of George and Road West : Property of George, Rajan, Krishnan Kuty and Claramma North : Property of Jayakrishnan
APPLICATION B SCHEDULE
(Property mortgaged)
| District | : | Wayanad |
|---|---|---|
| Sub District | : | Vythiri |
| Taluk | : | Vythiri |
| Farka | : | Vythiri |
| Village | : | Thariyod |
| Panchayat | : | Thariyode |
| Sy. No. | : | 670/1A1 |
| Re. Sy. No. | : | 209/1Pt. |
| Extent (in Ares) | : | 582.94 Ares |
| Type of Land | : | Janmam |
Page 4 of 5
OA 338/2022
DESCRIPTION
All that piece and parcel of land having an extent of 5 Hectors 82.94 Ares in Re. Sy. No.209/1Pt. (Old Sy. No.670/1/A1) in Thariyode Village described in and covered by Will No.16/1992 of SRO Vythiri.
BOUNDARIES
| East | : | Panchayath Road |
|---|---|---|
| South | : | Panchayath Road |
| West | : | Property of P.Jayakrishnan and |
| Lekshmikuttyamma | ||
| North | : | Devasom Property |
(Su. WILLYAHM) PRESIDING OFFICER
Page 5 of 5
2 issues framed by the court
Whether the Tribunal should issue a Recovery Certificate on default of installment payments under the Lok Adalat award.
Whether the mortgaged properties should be directed for sale to realize the dues.
The South Indian Bank Ltd
Gopinathan P
Ambika P
Su. WILLYAHM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
