The High Court disposed of an original petition under the DRT Act, permitting the petitioner to approach the Debts Recovery Tribunal, Ernakulam, where a stay petition was pending, while staying coercive steps for one month to enable interim relief.
Petitioner permitted to move DRT, Ernakulam; coercive steps stayed for one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
OP (DRT) NO. 75 OF 2022
PETITIONER/APPLICANT:
RESHMA POULIN AGED 31 YEARS, W/O.SHIBU VARGHESE, THUNDIPARAMBIL HOUSE, PONNARIMANGALAM P.O, MULAVUKKAD, ERNAKULAM NOW RESIDING AT PUTHENVETTIL, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA DISTRICT PATHANAMTHITTA, PIN - 689542
BY ADVS. V.PHILIP MATHEWS GIBI.C.GEORGE
RESPONDENTS/DEFENDANTS:
1 KERALA COOPERATIVE BANK LTD ERSTWHILE ERNAKULAM DISTRICT COOPERATIVE BANK ERNAKULAM MAIN BRANCH, AEC PLAZA, VALANJAMBALAM, CHITTOOR ROAD, KOCHI REPRESENTED BY ITS BRANCH MANAGER ERNAKULAM, PIN - 682016
2 THE AUTHORISED OFFICER KERALA COOPERATIVE BANK LTD ERNAKULAM MAIN BRANCH, AEC PLAZA, VALANJAMBALAM, CHITTOOR ROAD, KOCHI REPRESENTED BY ITS BRANCH MANAGER
BY ADV N.RAGHURAJ
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P (DRT) No.75/2022
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J U D G M E N T
This original petition was filed at the time when there was no regular sitting at the Debts Recovery Tribunal, Ernakulam. It is now reported that the Debts Recovery Tribunal, Ernakulam has commenced regular sitting.
Heard the learned counsel for the petitioner and the learned counsel for the respondent bank. This original petition will stand disposed of permitting the petitioner to move the Debts Recovery Tribunal, Ernakulam where S.A. No.33/2022 is pending at the instance of the petitioner. To enable the petitioner to obtain interim relief from the Debts Recovery Tribunal, further coercive steps shall stand stayed for a period of one month. I make it clear that the Tribunal will free to consider the matter in accordance with law and untrammeled by any observations contained in this judgment.
Sd/- GOPINATH P. JUDGE
AMG
O.P (DRT) No.75/2022
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APPENDIX OF OP (DRT) 75/2022
PETITIONER EXHIBITS
| Exhibit | P1 COPY OF DEMAND NOTICE DATED 27-11-2020 ISSUED BY THE AUTHORISED OFFICER OF THE KERALA CO-OPERATIVE BANK, MATTANCHERRY BRANCH TO THE PETITIONER |
|---|---|
| Exhibit | P2 COPY OF POSSESSION NOTICE NO.030/725/2018 DATED 25- 01-2022 AFFIXED BY THE SECOND RESPONDENT ON THE RESIDENTIAL BUILDING IN RESPECT OF PURCHASE LOAN |
| Exhibit | P3 COPY OF POSSESSION NOTICE NO.030/543/01 DATED 25-01- 2022 AFFIXED BY THE SECOND RESPONDENT ON THE RESIDENTIAL BUILDING IN RESPECT OF INSTA LOAN |
| Exhibit | P4 COPY OF UNNUMBERED SA (ID NO.869/22) FILED BY THE PETITIONER BEFORE DRT-I, ERNAKULAM (WITHOUT ANNEXURES) |
| Exhibit | P5 COPY OF UNNUMBERED I.A (ID.NO.871/22) (STAY PETITION) FILED BY THE PETITIONER BEFORE DRT-I, ERNAKULAM |
RESHMA POULIN
KERALA COOPERATIVE BANK LTD
GOPINATH P
As recorded by the court registry
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