Dismissed

Ansari T. v. State Bank of India

Kerala HC2 Feb 2023OP (DRT)/25/2023

Case brief

AI extract

What is this about?

The single judge closed the writ petition challenging a sale notice under the SARFAESI Act without prejudice, directing the petitioners to seek orders on the pending possession application before the Debt Recovery Tribunal.

What did the court decide?

The petition is closed without prejudice. The interim order continues for one month to facilitate movement before the Debts Recovery Tribunal.

Ansari T. Vs State Bank of India — Banking and Recovery | Kerala HC (2023)

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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 T.R.RAVI

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THURSDAY, THE 2ND DAY OF FEBRUARY 2023 / 13TH MAGHA, 1944

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OP (DRT) NO. 25 OF 2023

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PETITIONERS / APPELLANTS:

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1ANSARI T.
AGED 38 YEARS
S/O. THANGALKUNJU, MEKKATTUTHARAYIL HOUSE,
KALARI, PANMANA, CHAVARA,
KOLLAM-691583., PIN - 691583
2ASHIM T.
AGED 35 YEARS
S/O. THANGALKUNJU, MEKKATTUTHARAYIL HOUSE,
KALARI, PANMANA, CHAVARA,
KOLLAM, PIN - 691583
BY ADVS.
C.S.MANU
T.B.SIVAPRASAD
C.A.ANUPAMAN
DILU JOSEPH
C.Y.VIJAY KUMAR
MANJU E.R.
ANANDHU SATHEESH
ALINT JOSEPH
PAUL JOSE

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RESPONDENTS / RES PONDENTS:

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1STATE BANK OF INDIA
REPRESENTED BY ITS
BRANCH MANAGER, CHAVARA BRANCH,
SMEC, KOLLAM, 1ST FLOOR,
ARPAN TOWERS, PRATHIBA JUNCTION,
KADAPPAKADA, KOLLAM, PIN - 691008
2AUTHORISED OFFICER/ CHIEF MANAGER,
STATE BANK OF INDIA
CHAVARA BRANCH, SMEC,KOLLAM,
1ST FLOOR, ARPAN TOWERS,
PRATHIBA JUNCTION,
KADAPPAKADA, KOLLAM, PIN - 691008
3KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
TRIVANDRUM, PIN – 695004
REPRESENTED BY ITS MANAGING DIRECTOR.
4MANAGER, KOLLAM DAIRY
THEVALLY, KOLLAM,
PIN - 691094

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OP(DRT) No.25 of 2023

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5 DEBT RECOVERY TRIBUNAL -II 1ST FLOOR, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, ERNAKULAM, PIN - 682036

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BY ADV SHRI.JITHESH MENON, SC, SBI

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON

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02.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(DRT) No.25 of 2023

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T.R. RAVI, J.

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------------------------------------

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OP(DRT) No.25 of 2023

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------------------------------------

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Dated this the 02^nd day of February, 2023

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JUDGMENT

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The original petition has been filed challenging the proposal for sale as per Ext.P6, while the application against taking of possession was pending consideration before the Debts Recovery Tribunal in S.A. No.17/2022. This Court had stayed proceedings pursuant to Ext.P6. It is submitted that S.A. No.17/2022 is still pending and it is open to the petitioners to seek orders in the said application.

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In the above circumstances, this original petition is closed without prejudice to the petitioners moving the Debts Recovery Tribunal for orders in I.A. No.31/2022 in S.A. No.17/2022. The Debts Recovery Tribunal may take up the application and pass orders at the earliest. The petitioners may also challenge

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OP(DRT) No.25 of 2023

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Ext.P6 sale notice before the Debts Recovery Tribunal and the same may also be considered along with S.A. No.17/2022. The interim order granted by this Court shall continue to be in operation for a period of one month to facilitate the petitioners to move the Debts Recovery Tribunal for orders with regard to the notice for taking possession and the notice for sale.

Sd/-

T.R.RAVI JUDGE

SKP/02-02

OP(DRT) No.25 of 2023

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APPENDIX OF OP (DRT) 25/2023

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`PETITIO`	`NERS EXHIBITS:`
`EXHIBIT`	`P-1`	`TRUE COPY OF THE` `NO.AGM/ SARB/TVM/` `2021 ISSUED BY TH`	`POSSESSION NOTICE BEARING` `PRI /1884/2021-22 DATED 2-12-` `E 2ND RESPONDENT`
`EXHIBIT`	`P-2`	`TRUE COPY OF THE` `PASSED BY THE HON` `NO.9661 OF 2020 (`	`INTERIM ORDER DATED 5-5-2020` `'BLE HIGH COURT IN W.P(C)` `W.P.(C) TMP. NO. 270 OF 2020)`
`EXHIBIT`	`P-3`	`TRUE COPY OF THE` `BY THE PETITIONER` `THIRUVANANTHAPURA`	`PLAINT DATED 12-1-2022 FILED` `BEFORE THE ARBITRATION COURT,` `M`
`EXHIBIT`	`P-3 (A)`	`TRUE COPY OF THE` `HAVING PAID RS.1,` `ONLY) AS FEE FOR` `REFERENCE CASE BE` `THIRUVANANTHAPURA`	`CHALLAN DATED 13-1-2022 FOR` `000/- (RUPEES ONE THOUSAND` `FILING THE ARBITRATION` `FORE THE ARBITRATION COURT,` `M`
`EXHIBIT`	`P-4`	`TRUE COPY OF THE` `PETITIONER BEFORE` `SECTION-17 OF THE` `THE ANNEXURES THE`	`S.A NO.17 OF 2022 FILED BY THE` `DRT-II ERNAKULAM UNDER` `SARFAESI ACT, 2002 EXCLUDING` `RETO`
`EXHIBIT`	`P-5`	`TRUE COPY OF I.A` `2022 FILED BY THE` `ERNAKULAM EXCLUDI`	`NO.31 OF 2022 IN S.A NO.17 OF` `PETITIONER BEFORE DRT-II` `NG THE POSSESSION NOTICE`
`EXHIBIT`	`P-6`	`TRUE COPY OF THE` `ISSUED BY THE 2ND`	`SALE NOTICE DATED 3-1-2023` `RESPONDENT`

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A. TO JUDGE

Ansari T. v. State Bank of India

Case brief

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Ansari T. v. State Bank of India

Case brief

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