Disposed

George J.Thaliath v. State Bank of India

Kerala HC23 May 2016OP (DRT)/164/2015

Case brief

AI extract

What is this about?

The court granted a temporary stay on the Advocate Commissioner taking possession of the petitioner's premises for eight weeks pending clarification. The Debt Recovery Tribunal was directed to dispose of the secutirization application within two months.

What did the court decide?

Stay on possession for eight weeks from 17.05.2016; DRT to dispose of application within two months.

George J.Thaliath Vs State Bank of India — Banking and Recovery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 23RD DAY OF MAY 2016/2ND JYAISHTA, 1938

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OP (DRT).No. 164 of 2015 (O)

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S.A. NO.267/2013 OF DEBTS RECOVERY TRIBUNAL, ERNAKULAM.

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PETITIONER(S):

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GEORGE J.THALIATH, AGED 54 YEARS, S/O.LATE JACOB THALIATH, C.C.NO.53/1415, PANDIT KARUPPAN ROAD, THEVARA, ERNAKULAM-682 013.

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BY ADV. SRI.BIJU ABRAHAM.

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RESPONDENT(S):

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1. STATE BANK OF INDIA, S.H. COLLEGE BRANCH, THEVARA, KOCHI - 682 013, REPRESENTED BY ITS CHIEF MANAGER.

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2. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM, (KERALA AND LAKSHADWEEP), 5TH FLOOR, K.S.H.B BUILDING, PANAMPILLY NAGAR, KOCHI - 36, REPRESENTED BY ITS REGISTRAR.

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R1 BY ADV. SRI.GEORGE THOMAS (MEVADA), SC.

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 23-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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OP (DRT).No. 164 of 2015 (O)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P-1:	A TRUE COPY OF THE NOTICE GIVEN BY THE IST RESPONDENT DATED 01.07.2015.
EXT.P-2:	A TRUE COPY OF THE NOTICE DATED 02.07.2015 OF THE ADVOCATE COMMISSION.
EXT.P-3:	A TRUE COPY OF THE IA. 1744/2015 IN SA. 267/2013 ON THE FILES OF DEBT RECOVERY TRIBUNAL, ERNAKULAM.
EXT.P-4:	A TRUE COPY OF THE ORDER DATED 24.07.2015 IN OP(DRT) NO.95/2015 OF THIS HON'BLE COURT.
EXT.P-5:	A TRUE COPY OF THE JUDGEMENT DATED 06.08.2015 IN OP (DRT) NO.95/2015 OF THIS HON'BLE COURT.
EXT.P-6:	A TRUE COPY OF THE APPLICATION FILED TO SET ASIDE THE PROCEEDINGS OF THE BANK DATED 23.07.2015 AS IA NO.2105/2015 IN SA.267/2013 BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM.
EXT.P-7:	A TRUE COPY OF THE APPLICATION SEEKING DIRECTION TO MAINTAIN STATUS QUO FILED AS IA NO.2104/2015 IN SA.267/2013 BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM.
EXT.P-8:	A TRUE COPY OF THE APPLICATION FOR APPOINTMENT OF ADVOCATE COMMISSION FILED AS IA NO.2103/2015 IN SA. 267/2013 BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM.
EXT.P-9:	A TRUE COPY OF THE APPLICATION FILED TO RETURN THE SHOW ROOM PROPERTY AS IA NO.2697/2015 IN SA. 267/2013 BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM.
EXT.P-10:	A TRUE COPY OF THE APPLICATION FOR TEMPORARY INJUNCTION FILED AS IA NO.2694/2015 IN SA. 267/2013 BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM.
EXT.P-11:	A TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT DATED 09.11.2015 IN OP(DRT) NO.125/2015.
EXT.P-12:	A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSION DATED 07.12.2015.
EXT.P-13:	A TRUE COPY OF THE PETITION FILED AS IA. 3131/2015 IN SA NO.267/2013 ON THE FILES OF DEBT RECOVERY TRIBUNAL, ERNAKULAM.

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.....2/-

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OP (DRT).No. 164 of 2015 (O)

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EXT.P-14:	A TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL ERNAKULAM IN SA. 267/2013 DATED 10.12.2015.
EXT.P-15:	A TRUE COPY OF THE COUNTER AFFIDAVIT OF THE RESPONDENT IN IA. 3131/2015 IN SA. 267/2013 DATED 16.11.2015.
EXT.P-16:	A TRUE COPY OF THE VALUATION REPORT OBTAINED BY THE BANK IN RESPECT OF THE GODOWN PROPERTY DATED 03.04.2009.
EXT.P-17:	A TRUE COPY OF THE VALUATION REPORT OF THE SHOP ROOM DATED 24.02.2009.
EXT.P18:	A TRUE COPY OF THE LETTER DATED 23/08/2014 BY THE BANK TO THE PETITIONER.
EXT.P19:	A TRUE COPY OF THE CANCELLATION FO LEASE AGREEMENT DATED 14/10/2014 AS PER DOCUMENT NO.4436/2014.
EXT.P20:	A TRUE COPY OF THE MAIL DATED 22/11/2014 BY THE 1ST RESPONDENT TO THE PETITIONER.
EXT.P21:	A TRUE COPY OF THE 1ST PAGE OF THE ACCOUNT BOOK OF THE CURRENT ACCOUNT NO.34600476746 WITH S.H. COLLEGE BRANCH OF 1ST RESPONDENT BANK.
EXT.P22:	A TRUE COPY OF THE COMMUNICATION DATED 05/02/2015.
EXT.P23:	A TRUE COPY OF THE APPLICATION FOR AMENDMENT FILED AS I.A.3032/2015 DATED 25/11/2015 IN S.A.267/2013 ON THE FILES OF DEBT RECOVERY TRIBUNAL, ERNAKULAM.
EXT.P24:	A TRUE COPY OF THE AFFIDAVIT FILED BY THE BANK DATED 16/12/2015 BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM IN S.A.267/2013.
EXT.P25:	A TRUE COPY OF THE ORDER DATED 11/05/2016 IN SPECIAL LEAVE TO APPEAL (C) NO.13338/2016 OF THE HON'BLE SUPREME COURT OF INDIA.

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RESPONDENT'S EXHIBITS:-

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EXT.R1A	COPY OF THE BALANCE SHEET OF MADONNA EXPORTS DATED 28/07/2012.
EXT.R1B	COPY OF THE BALANCE SHEET OF MADONNA EXPORTS DATED 15/07/2013.

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...3/-

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OP (DRT).No. 164 of 2015 (O)

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EXT.R1C	COPY OF THE BALANCE SHEET OF MADONNA EXPORTS DATED 22/07/2014.
EXT.R1D	COPY OF THE JUDGMENT DATED 19/02/2014 IN WP(C).NO.3839/2014.
EXT.R1E	COPY OF THE INTERIM ORDER DATED 22/04/2014 IN WP(C).NO.10401/2014.
EXT.R1F	COPY OF THE JUDGMENT DATED 22/05/2014 IN W.A. NO.676/2014.
EXT.R1G	COPY OF THE ORDER DATED 03/09/2014 IN RP. NO.389/2014 IN WP(C).NO.10401/2014.
EXT.R1H	COPY OF THE JUDGMENT DATED 05/06/2015 IN WP(C).NO.10374/2015.
EXT.R1I	COPY OF THE I.A. NO.1744 OF 2015 IN SA. NO.267/2013 BEFORE THE DRT, ERNAKULAM DATED 08/07/2015.
EXT.R1J	COPY OF THE PANCHNAMA DATED 23/07/2015.
EXT.R1K	COPY OF THE SA.267/2013 FILED BEFORE THE DRT, ERNAKULAM.
EXT.R1L	COPY OF THE SA.640/2013 FILED BEFORE THE DRT, ERNAKULAM.
EXT.R1M	COPY OF THE MEMORANDUM OF WRIT APPEAL NO.676/2014 FILED BY THE YOUNGER BROTHER OF THE PETITIONER EXCLUDING THE ANNEXURES.

//TRUE COPY//

P.S. TO JUDGE

rs.

A.M.SHAFFIQUE, J.

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- - - - O.P.(DRT) No. 164 of 2015

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- - - - Dated this the 23^rd day of May, 2016

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J U D G M E N T

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This original petition has been filed challenging the proceedings initiated by the respondent Bank under the SARFAESI Act. The petitioner had already approached the Debt Recovery Tribunal seeking necessary reliefs. According to him, on payment of 75 lakhs as directed by this Court by₹ way of an interim order, substantial amount had been repaid. When this Court passed an interim order directing further amount of 50 lakhs to be remitted on or before₹ 17.5.2016, the petitioner carried the matter in appeal and thereafter before the Supreme Court and the Supreme Court disposed of the Special Leave Petition deferring the payment for a period of eight weeks from 17.5.2016 to enable the petitioner to seek modification/clarification from this Court.

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Instead of seeking such clarification, the petitioner had sought for appointing an expert

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O.P.(DRT) No. 164 of 2015

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-2-

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body/chartered accountant for verifying the account. By a separate order in I.A.No.612 of 2016, I have already dismissed the said application.

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What now remains is the contention raised in

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the original petition. The only contention urged by the petitioner is to set aside Ext.P12, during the pendency of the Securitization Application No. 267/2013. Ext.P12 is a notice issued by the Advocate Commissioner to take possession of the premises of the petitioner based on the direction issued by the Chief Judicial Magistrate Court, Ernakulam, by which the petitioner was called upon to give vacant possession of the scheduled property on 15.12.2015.

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No illegality has been pointed out by the petitioner to Ext.P12. The only contention urged is that the Advocate Commissioner should not be permitted to proceed further pending disposal of S.A.No.267/2013.

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From the facts on record it is evident that the

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Supreme Court had granted time to the petitioner by

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O.P.(DRT) No. 164 of 2015

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-3-

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deferring payment of 50 lakhs for a period of eight weeks₹ from 17.5.2016.

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Having regard to the aforesaid facts of the

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case, I am of the view that this original petition can be disposed of as under:

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(a) That the Advocate Commissioner shall not

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take possession of the premises for a period of eight weeks from 17.5.2016.

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(b) That the Debt Recovery Tribunal shall dispose of S.A.No.267 of 2013 within a period of two months from the date of receipt of a copy of this judgment.

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If no further orders are passed by the Debt Recovery Tribunal within the aforesaid period, it shall be open for the Bank to take appropriate proceedings in accordance with law and the Advocate Commissioner shall be entitled to proceed with Ext.12.

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Sd/-

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A.M.SHAFFIQUE JUDGE

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George J.Thaliath v. State Bank of India

Case brief

What is this about?

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George J.Thaliath v. State Bank of India

Case brief

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