Petitioners challenging dispossession by a bank purchaser property post-auction. Court directs DRT to adjudicate pending application within one month and defers dispossession for six weeks under Article 226 jurisdiction.
Directions to pass final orders in S.A.No.279/2014 within one month and defer dispossession proceedings for six weeks.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937
WP(C).No. 5521 of 2015 (M)
PETITIONER(S):
1. BABU JOHN, S/O. JOHN, PALATHUMPATTIL HOUSE, CHENGANNUR.P.O. PIN-689121.
2. DAISY JOHN, W/O. BABU JOHN, PALATHUMPATTIL HOUSE, CHENGANNUR.P.O. PIN-689121.
BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.K.R.MONISHA
RESPONDENT(S):
1. THE SOUTH INDIAN BANK LIMITED, REPRESENTED BY ITS CHIEF MANAGEER, M.G. ROAD BRANCH, ERNAKULAM-682035.
2. THE AUTHORISED OFFICER (CHIEF MANAGER), THE SOUTH INDIAN BANK LIMITED, SIB BUILDING, INFOPARK ROAD, RAJAGIRI VALLEY.P.O., KAKKAND, KOCHI-682039.
BY ADVS.SRI.K.K.CHANDRAN PILLAI (SR.) SC
SRI.K.K.JOHN,SC SRI.K.S.DILIP SRI.SAJU N.A.
SMT.G.LEKHA SMT.P.J.FLONY SMT.A.I.HAYARUNNISA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 5521 of 2015 (M)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1. | TRUE COPY OF THE CERTIFICATE ISSUED BY THE STATE BANK OF TRAVANCORE DATED 14-7-2014. |
|---|---|
| EXT.P2. | TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE MARADU GRAMA PANCHAYAT DATED 15-7-2010. |
| EXT.P3. | TRUE COPY OF APPLICATION FILED AS O.A. NO. 564/2013 IN THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM DATED 19-11-13. |
| EXT.P4. | TRUE COPY OF THE ORDER PASSED BY THE DEBTS RECOVERY TRIBUNAL IN I.A. NO. 1267/2014 IN O.A. NO. 564/2013 DATED 22-07-2014, |
| EXT.P5. | TRUE COPY OF THE SALE NOTICE PUBLISHED BY THE 2ND RESPONDENT DATED 23-6-2014. |
| EXT.P6. | TRUE COPY OF THE APPLICATION FILED AS S.A. NO. 279/2014 BEFORE THE DEBTS RECOVERY TRIBUNAL ERNAKULAM DATGED 4-8- 2014. |
| EXT.P7. | TRUE COPY OF THE SALE NOTICE PUBLISHED BY THE 2ND RESPONDENT DATED 24-11-14. |
| EXT.P8. | TRUE COPY OF I.A. NO. 2834/2014 IN S.A. NO. 279/2014 OF THE DEBTS RECOVERY TRIBUNAL DATED 3-12-14. |
| EXT.P9. | TRUE COPY OF THE I.A. NO. 438/2015 IN S.A. NO. 279/2014 OF THE DEBTS RECOVERY TRIBUNAL DATED 23-01-2015. |
| EXT.P10. | TRUE COPY OF THE I.A. NO. 235/2015 IN S.A. NO. 279/2014 OF THE DEBTS RECOVERY TRIBUNAL DATED 23-1-2015. |
| EXT.P11. | TRUE COPY OF THE NOTICE DATED 13-02-2015 ISSUED BY MR. JERRY SEBASTIAN T.R., ADVOCATE AS PER ORDER CMP NO. 681/2015 OF THE CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM. |
| EXT.P12. | TRUE COPY OF THE COMPLAINT FILED BY THE R1 IN THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM IN CMP.681/2015 DATED 27/1/15 |
| RESPONDEN ------------------ |
T(S)' EXHIBITS --------------------- |
| EXT.R1(A): | COPY OF SALE DEED NO.2510/13 DATED 3/9/13 OF THE MARADU SUB REGISTRY OFFICE |
| EXT.R1(B): | COPY OF ACKNOWLEDGEMENT CARD SIGNED BY THE PETITIONERS. / TRUE COPY / |
P.S. TO JUDGE
PJ
A.MUHAMED MUSTAQUE, J.
------------------------------------ W.P.(C).No.5521 of 2015
Dated this the 24th day of June, 2015
J U D G M E N T
The petitioners are the purchasers from a borrower of the respondent Bank. It is admitted that, the petitioners purchased the property, which is the subject matter of securitisation proceedings, in the year 2011. According to the learned Senior Standing Counsel for the Bank, the liability is more than 23 crores and the mortgage was in the year 2005.
issue a writ of certiorari or any other appropriate writ or direction calling for the records of C.M.P No.681/2015 of the Chief Judicial Magistrate Court, Ernakulam resulting in Exhibit P11 notice and set aside the same.
W.P.(C).No.5521 of 2015
2
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
AV
2 issues framed by the court
Whether the High Court can direct the Debt Recovery Tribunal to expedite final orders in ongoing SARFAESI proceedings to prevent dispossession.
Whether the pending application before the Debt Recovery Tribunal should be considered to stay dispossession proceedings.
2 provisions across 2 enactments
Babu John
Daisy John
The South Indian Bank Limited
A.Muhammed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
