Disposed

Jolly Pieus, v. the Authorized Officer

Kerala HC6 Jun 2022OP (DRT)/160/2022

Case brief

AI extract

What is this about?

Single line order closing an original petition before the High Court quashing jurisdiction of a co-operative bank, as the petitioners had already approached the Debt Recovery Tribunal via a securitisation application under the SARFAESI Act. Interim order extended pending DR tribunal listing.

What did the court decide?

closed due to prior approach to Debt Recovery Tribunal via SARFAESI application; interim order continued.

Jolly Pieus, Vs the Authorized Officer — Banking and Recovery | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

MONDAY, THE 6TH DAY OF JUNE 2022 / 16TH JYAISHTA, 1944

¶5

OP (DRT) NO. 160 OF 2022

¶6

AGAINST THE ORDER/JUDGMENT IN ID 1518/2022 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM

¶7

PETITIONERS:

¶8

1JOLLY PIEUS,
AGED 45 YEARS

¶9

W/O. PIEUS V.V., VALLATHUVATTAPARAMBIL HOUSE,
INCHAKUNDU P.O., THRISSUR-680312.

¶10

2PIEUS V.V.,
AGED 52 YEARS, S/O. VARGHESE,
VALLATHUVATTAPARAMBIL HOUSE, INCHAKUNDU P.O.,
THRISSUR-680312.

¶11

BY ADVS.
J.JULIAN XAVIER
FIROZ K.ROBIN
JOSE. V.V. (THENGATHARA)

¶12

RESPONDENTS:

¶13

1 THE AUTHORIZED OFFICER, IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD NO.55, TANA SOUTH, IRINJALAKUDA-680121.

¶14

2 KERALA FARMERS DEBIT RELIEF COMMISSION, KERALA FARMERS DEBT RELIEF COMMISSION OFFICE AGRI URBAN MARKET COMPOUND, VENPALVATTOM, ANAYARA P.O., THIRUVANANTHAPURAM-695029.

¶15

BY ADV DEVAPRASANTH.P.J.(SC)

¶16

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 06.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P(DRT).No.160/2022

J U D G M E N T

This O.P.(DRT) is closed as the petitioners are already approached the Debts Recovery Tribunal by filing a securitisation application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act).

¶21

The interim order granted by this Court will continue till 15-08-2022 on which the day the matters are stated to be listed before the Debts Recovery Tribunal.

¶22

Sd/GOPINATH P. JUDGE

ats

O.P(DRT).No.160/2022

APPENDIX OF OP (DRT) 160/2022

¶27

PETITIONER EXHIBITS

¶28

Exhibit P1TRUE COPY OF THE CERTIFICATE NO.10/2016-
17 DATED 26/10/2016 ISSUED BY THE
AGRICULTURAL OFFICER, KRISHI BHAVAN,
MATTATHUR P.O.
Exhibit P1(A)ENGLISH TRANSLATION OF EXT.P1.
Exhibit P2TRUE COPY OF THE CERTIFICATE DATED
19/01/2022 ISSUED BY THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, MATTATHUR.
Exhibit P3TRUE COPY OF THE PAPER NEWS THAT
APPEARED IN MALAYALA MANORAMA DAILY
DATED 17/01/2022.
Exhibit P4TRUE COPY OF THE SALE NOTICE DATED
17/01/2022 ISSUED IN THE NAME OF
PETITIONERS 1 AND 2.
Exhibit P5TRUE COPY OF THE SALE NOTICE DATED
17/01/2022 ISSUED IN THE NAME OF 2ND
PETITIONER.
Exhibit P6TRUE COPY OF THE SA FILED BEFORE THE
DEBT RECOVERY TRIBUNAL, ERNAKULAM WITH
FILING ID NO.1518/2022 I N THE CASE OF
THE PETITIONERS' JOINT APPLICATION.
Exhibit P7TRUE COPY OF THE SA FILED BEFORE THE
HON'BLE DEBT RECOVERY TRIBUNAL,
ERNAKULAM WITH FILING ID NO. 1520/2022
IN THE CASE OF THE 2ND PETITIONER.
Exhibit P8TRUE COPY OF THE DOCUMENT NO.3272/2008
OF SRO, KODALY DATED 06/08/2008.
Exhibit P9TRUE COPY OF THE PETITION DATED
22/01/2022 SUBMITTED BEFORE THE 2ND
RESPONDENT.

Jolly Pieus, v. the Authorized Officer

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Jolly Pieus, v. the Authorized Officer

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