Disposed

Rashudeen N v. The Authorised Officer, Karamana Co- operative Urban Bank Limited

Kerala HC13 Oct 2022OP (DRT)/293/2022

Case brief

AI extract

What is this about?

The High Court directed the Debts Recovery Tribunal to dispose of the petitioner's unpublished interlocutory application within one month. Pending such disposal, the Court ordered that all proceedings under the SARFAESI Act against the petitioner be kept in abeyance without expressing any opinion on the merits.

What did the court decide?

Directed the DRT to pass orders on the interlocutory application (Ext.P8) within one month; SARFAESI proceedings stayed in abeyance during that period.

Rashudeen N Vs The Authorised Officer, Karamana Co… — Banking and Recovery | Kerala HC (2022)

¶1

OP (DRT) NO. 293 OF 2022

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 13^TH DAY OF OCTOBER 2022 / 21ST ASWINA, 1944 OP (DRT) NO. 293 OF 2022

¶6

PETITIONER/S:

¶7

RASHUDEEN N
AGED 31 YEARS
S/O NIZARUDEEN A, TC 52/26 (3) MINI MEDAYIL VEEDU,
KARAKKAMANDAPAM, NEMOM P.O, THIRUVANANTHAPURAM., PIN
695020, PIN - 695020
BY ADVS.
MANSOOR ALI
BIJITH S.KHAN

¶8

RESPONDENT/S:

¶9

1 THE AUTHORISED OFFICER, KARAMANA CO- OPERATIVE URBAN BANK LIMITED,1761, KARAMANA P.O, THIRUVANANTHAPURAM. 695002, PIN - 695002

¶10

2 THE MANAGER, KOCHI BRANCH, KARAMANA CO- OPERATIVE URBAN BANK LIMITED,1761, KARAMANA P.O, THIRUVANANTHAPURAM.695002, PIN - 695002

¶11

3 THE DEBTS RECOVERY TRIBUNAL II ERNAKULAM , REPRESENTED BY ITS REGISTRAR, 5TH FLOOR, KERALA STATE HOUSING BOARD,

¶12

PANAMPILLY NAGAR, ERNAKULAM,KERALA 682036, PIN - 682036
BY ADV R.S.KALKURA

¶13

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 13.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

OP (DRT) NO. 293 OF 2022

¶15

¶16

JUDGMENT

¶17

Petitioner has approached this Court being aggrieved by the fact that the interlocutory application filed by the petitioner in SA 331/2022 has not been considered and disposed of by the Tribunal and, at the same time, the proceedings under the SARFAESI Act are being continued against the petitioner.

¶18

Heard the learned counsel appearing for the respondent bank also.

¶19

Having regard to the limited nature of relief sought for in the original petition, this original petition is disposed of directing the Debts Recovery Tribunal-II, Ernakulam to consider and pass orders on Ext.P8 interlocutory application filed in SA 331/2022, within a period of one month from the date of receipt of a certified copy of the judgment. Till such time as orders are passed on Ext.P8 interlocutory application as directed above, further proceedings under the SARFAESI Act shall be kept in abeyance. I make it clear that I have not expressed any opinion on the merits of the matter and it is open to the Tribunal to decide the matter in accordance with law.

¶20

Sd/-

¶21

GOPINATH P. JUDGE

¶22

okb/

¶23

//True copy// P.S. to Judge

¶24

OP (DRT) NO. 293 OF 2022

¶25

¶26

APPENDIX OF OP (DRT) 293/2022

¶27

PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE NOTICE ISSUED UNDER SECTION
13(2) OF THE SRFAESI ACT DATED 16.06.2021
Exhibit P2THE TRUE COPY OF THE DEATH CERTIFICATE OF SRI
NIZHARUDHEEN A. DATED 11.08.2021
Exhibit P3THE TRUE COPY OF THE MEMORANDUM OF MC
188/2022 FILED BEFORE THE CHIEF JUDICIAL
MAGISTRATE COURT, THIRUVANANTHAPURAM
Exhibit P4THE TRUE COPY OF THE ORDER IN MC 188/2022
DATED 07.03.2022 IS
Exhibit P5THE TRUE COPY OF THE RECEIPT OF PAYMENT DATED
17.03.2022.
Exhibit P6TRUE COPY OF THE LETTER DATED 24.03.2022
ISSUED BY THE ADVOCATE COMMISSIONER
Exhibit P7TRUE COPY OF THE LETTER DATED 25.05.2022
ISSUED BY THE ADVOCATE COMMISSIONER IS
Exhibit P8TRUE COPY OF THE I.A 1452/2022 DATED
26.06.2022 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
Exhibit P9TRUE COPY OF THE PROCEEDINGS OF 3RD
RESPONDENTS ON S.A 331/2022 DATED 20.06.2022

Rashudeen N v. The Authorised Officer, Karamana Co- operative Urban Bank Limited

Case brief

What is this about?

What did the court decide?

Rashudeen N v. The Authorised Officer, Karamana Co- operative Urban Bank Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Venu.R, Vs Vaikom Urban Co-Operative Bank Limited

Microlite Industries(Borrower) Vs Indian Bank

Popular Mega Motors India Private Limited, Vs Union of India

Baby Safia Vs Bank of Baroda

Sindhu Jose, Vs Kerala State Co-Operative Bank Ltd.

Moothedan Overseas Vs the Assistant State Tax Officer (Intelligence)