Dismissed

Pouly @ Thressia v. Indian Overseas Bank

Kerala HC4 Sept 2023OP (DRT)/27/2020

Case brief

AI extract

What is this about?

An O.P. under Article 226 challenging a DRT order was dismissed as not maintainable due to the availability of an efficacious statutory remedy of appeal under Section 18 of the SARFAESI Act, and was further dismissed for non-prosecution.

What did the court decide?

The original petition was dismissed for non-prosecution and on the grounds of availability of alternate statutory remedy.

Pouly @ Thressia Vs Indian Overseas Bank — Banking and Recovery | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

¶4

MONDAY, THE 4^TH DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945

¶5

OP (DRT) NO. 27 OF 2020

¶6

AGAINST THE ORDER/JUDGMENT OA 546/2014 OF DEBT RECOVERY TRIBUNAL,

¶7

ERNAKULAM

¶8

PETITIONER/S:

¶9

1 POULY @ THRESSIA, AGED 82 YEARS, W/O. MR. K.A. JOHN, KANUKKASSERY HOUSE, PANAMPILLY NAGAR (P O) ERNAKULAM, PIN-682036.

¶10

2 K.A JOHN, AGED 92 YEARS, S/O. LATE MR.K.A. ABRAHAM, KANUKKASSERY HOUSE, PANAMPILLY NAGAR(PO), ERNAKULAM PIN-682036.

¶11

3 VALSA ROY,DAUGHTER OF MR. K.A JOHN & POULY THREASSIA, AND WIFE OF MR. ROY READING AT FLAT NO. 2D, SKYLINE ZIRCON APARTMENTS, VIDYA NAGAR, KADAVNTHRA ERNAKULAM

¶12

P3 IMPLEADED AS PER ORDER DATED 10.11.2022 IN IA NO.1/2022 IN OP DRT 27 OF 2020

¶13

BY ADVS. SHAJI CHIRAYATH SMT.JIJI M. VARKEY SRI.M.M.SHAJAHAN SMT.BHOOMIKA SAJAN SAVITHA GANAPATHIYATAN

¶14

RESPONDENT/S:

¶15

1 INDIAN OVERSEAS BANKCENTRAL OFFICE, 763, ANNA SALAI, CHENNAI, TAMIL NADU, PIN-600002, REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER, MR. R. SUBRAMANIAKUMAR.

¶16

O.P.(DRT) No.27/2020

¶17

-2-

¶18

2 BRANCH MANAGER, INDIAN OVERSEAS BANK, ERNAKULAM MAIN BRANCH, THEKKEKKARA MANSION, M.G ROAD, ERNAKULAM DISTRICT, PIN-602035.

¶19

3 AUTHORISED OFFICER, INDIAN OVERSEAS BANK, SPECIALIZED ARM BRANCH, ERNAKULAM, IOB BUILDING, NEAR KAVITHA THEATRE, M.G. ROAD, ERNAKULAM DISTRICT, PIN-602035.

¶20

4 N.J.ALBERTS/O.N.J.JOSEPH, RESIDING AT 35/2919-A, NADUVILAPARAMBIL, SHANTHIPURAM ROAD, PALARIVATTOM P.O., ERNAKULAM 682025 ( IMPLEADED AS ADDL R4 BY ORDER DATED 22/12/21 IN IA 1/2020)

¶21

BY ADVS. SRI.SUNIL SHANKAR, SC, INDIAN OVERSEAS BANK PRAVEEN K. JOY T.A.JOY

¶22

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 04.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶23

O.P.(DRT) No.27/2020

¶24

-3-

¶25

J U D G M E N T

¶26

The present original petition under Article 226 of the

¶27

Constitution of India has been filed seeking the following relief:

¶28

“On these and other grounds to be urged at the time of hearing, it is most humbly prayed that this Hon'ble Court may be pleased to set aside Exhibit P13 order dated 27 December 2019 in Securitisation Application No. 124 of 2019 the Debt Recovery Tribunal (1) Emakulam and allow Exhibit P9 Securitisation Application or in alternate remand the case to Debt Recovery Tribunal (1) Ernakulam for a de novo consideration after affording an opportunity for the Petitioners to adduce oral and documentary evidence in this case to secure ends of justice.”

¶29

Though the case has been taken up in the revised

¶30

call, no one is present on behalf of the petitioner to press this

¶31

original petition. Even otherwise, this original petition is not maintainable inasmuch as the challenge in the original

¶32

O.P.(DRT) No.27/2020

¶33

-4-

¶34

petition is the final order passed by the DRT against which there is an alternate remedy of appeal under Section 18 of the SARFAESI Act 2002.

¶35

The present original petition is dismissed for nonprosecution as well as on the grounds of the availability of

¶36

efficacious alternate statutory remedy of appeal.

Sd/-

DINESH KUMAR SINGH

JUDGE

jjj

O.P.(DRT) No.27/2020

¶42

-5-

¶43

APPENDIX OF OP (DRT) 27/2020

¶44

RESPONDENT EXHIBITS
Exhibit R2(a)	True copy of the letter dated 24.11.2022 of the 1st Respondent Bank
Exhibit R2(b)	True copy of the letter dated 7.3.2023 by the 1st Respondent
PETITIONER EXHIBITS
EXHIBIT P3	COPY OF THE LETTER OF GUARANTEE, PRODUCED ALONG WITH EXHIBIT P1 ORIGINAL APPLICATION.
EXHIBIT P4	COPY OF THE LETTER OF GUARANTEE, PRODUCED ALONG WITH EXHIBIT P1 ORIGINAL APPLICATION.
EXHIBIT P5	COPY OF THE DEMAND NOTICE TO THE PRINCIPAL BORROWERS PURPORTEDLY UNDER SECTION 13(2) OF THE SERFAESI ACT.
EXHIBIT P6	COPY OF THE INVOCATION OF GUARANTEE NOTICE TO THE PETITIONER PURPORTEDLY UNDER SECTION 13(2) OF THE SERFAESI ACT.
EXHIBIT P7	COPY OF THE POSSESSION NOTICE PURSUANT TO EXHIBIT P7 AND P8
EXHIBIT P8	COPY OF THE SALE NOTICE ISSUED BY THE 3RD RESPONDENTS.
EXHIBIT P9	COPY OF THE SECURITISATION APPLICATION NO.124 OF 2019 ON THE FILES OF DEBT RECOVERY TRIBUNAL (I) ERNAKULAM.
EXHIBIT P10	COPY OF THE INTERLOCUTORY APPLICATION NO.800 OF 2019 IN SECURITISATION APPLICATION NO.124 OF 2018 ON THE FILES OF DEBT RECOVERY TRIBUNAL(I) ERNAKULAM.
EXHIBIT P1	COPY OF THE ORIGINAL APPLICATION 546 OF 2014 ON THE FILES OF DEBT RECOVERY TRIBUNAL NO. 1

¶45

O.P.(DRT) No.27/2020

¶46

-6-

¶47

ERNAKULAM.

¶48

EXHIBIT P11(B) COPY OF THE ENVELOP(POSTAL ARTICLE NO. RL 638439597IN) CONTAINING SALE NOTICE DATED 14H MARCH 2019. EXHIBIT P12(A) COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS IN EXHIBIT P7 SECUTIRISATION APPLICATION. EXHIBIT 12(B) COPY OF THE ACKNOWLEDGMENT CARD OF THE 01ST PETITIONER PRODUCED BY THE RESPONDENTS IN EXHIBIT P7 SECURITISATION APPLICATION EXHIBIT P12(C) COPY OF THE ACKNOWLEDGMENT CARD OF THE O2ND PETITIONER PRODUCED BY THE RESPONDENTS IN EXHIBIT P7 SECURITISATION APPLICATION. EXHIBIT P13 COPY OF THE ORDER PASSED BY THE DEBT RECOVERY TRIBUNAL(1) ERNAKULAM IN EXHIBIT P7 SECURITISATION APPLICATION. EXHIBIT P14 COPY OF THE PROCCEDINGS IN ORIGINAL APPLICATION NO.564 OF 2014 OF DEBT RECOVERY TRIBUNAL UPLOADED IN ONLINE WEBSITE OF HTT//DRT/GOV.IN EXHIBIT P15 COPY OF PROCEEDINGS IN SECURITISTATION APPLICATION NO 336 OF 2014 OF DEBT RECOVERY TRIBUNAL UPLOADED IN ONLINE WEBSITE OF HTT/DRL.GOV.IN EXHIBIT P11(A) COPY OF THE ENVELOP (POSTAL ARTICLE NO. RL 6384396961N) CONTAINING SALE NOTICE DATED 14TH MARCH 2019. EXHIBIT P2 COPY OF THE PROCEEDINGS IN EXHIBIT P1 ORIGINAL APPLICATION IN UPLOADED IN ONLINE WEBSITE OF HTT://FRT.GOV.IN

Pouly @ Thressia v. Indian Overseas Bank

Case brief

What is this about?

What did the court decide?

Pouly @ Thressia v. Indian Overseas Bank

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

M.a.Salam Vs the Senior Branch Manager

R.Sreekumar Vs the Assistant Commissioner

P.B. Manoj Kumar Vs the District Collector, Kottayam

Fayas Muhammed Kassim Vs the Regional Transport Officer

Raveendran, Vs the Authorized Officer, the Ottapalam Co-Operative Urban Bank Lt

M/S. Powerplus Power Unit, Vs Indusind Bank