Disposed

Dillens.T.D v. the Authorised Officer

Kerala HC19 Dec 2023OP (DRT)/349/2022

Case brief

AI extract

What is this about?

This oath petition filed under Article 226 of the Constitution sought a direction to the Debts Recovery Tribunal to urgently consider a stay petition. The High Court disposed of the matter by directing the Tribunal to decide the stay application within four weeks and approved the continuation of interim relief for one month.

What did the court decide?

Directed the Debt Recovery Tribunal-II, Ernakulam to hear and pass orders on the stay petition (I.A. No.1503 of 2022) within four weeks and extended interim protection for one month.

Dillens.T.D Vs the Authorised Officer — 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 N.NAGARESH

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TUESDAY, THE 19TH DAY OF DECEMBER 2023 / 28TH AGRAHAYANA, 1945

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OP (DRT) NO. 349 OF 2022

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AGAINST THE ORDER/JUDGMENT SA 303/2021 OF
DEBT RECOVERY TRIBUNAL, ERNAKULAM

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PETITIONERS:

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1 DILLENS.T.D, AGED 42 YEARS THATTIL CHEENIKKAL HOUSE, NEAR R C CHURCH, NEDUMPUZHA.P.O., KOORKKANCHERRY, THRISSUR., PIN - 680007

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2 SEMONA DILLENS, AGED 37 YEARS THATTIL CHEENIKKAL HOUSE, NEAR R C CHURCH, NEDUMPUZHA.P.O., KOORKKANCHERRY, THRISSUR., PIN – 680007

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BY ADVS.

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 ZAKEER HUSSAIN
 K.A.SANJEETHA

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RESPONDENTS:

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1 THE AUTHORISED OFFICER

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SOUTH INDIAN BANK LTD, SIB HOUSE,
T.B.ROAD, MISSION QUARTERS, THRISSUR., PIN - 680001

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2 SOUTH INDIAN BANK LTD., KOORKKANCHERRY, THRISSUR REP BY ITS BRANCH MANAGER., PIN – 680007

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BY ADVS.

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 SUNIL SHANKER
 VIDYA GANGADHARAN(K/000424/2020)
 SANDHRA.S(K/001610/2021)

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 19.12.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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OP (DRT) No.349 of 2022

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JUDGMENT

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Dated this the 19^th day of December, 2023

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The petitioners, who are the applicants in S.A. No.303 of 2021 on the files of the Debts Recovery Tribunal-II, Ernakulam, have filed this writ petition seeking to quash Section 14 proceedings initiated by the 1^st respondent under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and to direct the Debts Recovery Tribunal-II, Ernakulam to hear and pass orders on Ext.P10 Stay Petition (I.A. No.1503 of 2022) in S.A. No.303 of 2021 on merits.

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The petitioners state that they have a very fair chance to get the proceedings stayed in I.A. No.1503 of 2022 and if pending consideration of the Stay Petition, the Advocate Commissioner takes over possession of the property forcefully, the petitioners will be put untold hardship and loss.

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OP (DRT) No.349 of 2022

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Standing Counsel entered appearance on behalf

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of the respondents and resisted the writ petition. The Standing Counsel, adverting to Ext.P11 proceedings dated 06.07.2022 of the Debts Recovery Tribunal-II, Ernakulam, pointed out that to prove the bona fide of the petitioners, the Debts Recovery Tribunal had directed the petitioners to deposit an amount of ₹1,50,00,000/-. The said amount was not deposited by the petitioners. In the circumstances, the petitioners are not entitled to get any relief in the matter.

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The counsel for the petitioners, on the other hand, would submit that from the fixed deposit amounts of the guarantor, the Bank has recovered more than 3 Crores and₹ therefore, it cannot be said that the Bank has not received any money pursuant to Ext.P11 order.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

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OP (DRT) No.349 of 2022

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The limited prayer of the petitioner is to direct the Debts Recovery Tribunal-II, Ernakulam to hear and pass orders on Ext.P10 Stay Petition in I.A. No.1503 of 2022. As the I.A. is still pending consideration before the Debts Recovery Tribunal-II, it would be only just and proper that the Tribunal dispose of the same in an expeditious manner.

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The OP (DRT) is therefore disposed of directing the Debts Recovery Tribunal-II, Ernakulam to hear and pass orders on Ext.P10 Stay Petition (I.A. No.1503 of 2022) in S.A. No.303 of 2021, within a period of four weeks. The benefit of interim order dated 31.08.2022 passed in this OP (DRT) will continue to enure to the benefit of the petitioners, for a further period of one month.

Sd/-

N.NAGARESH JUDGE

spk

OP (DRT) No.349 of 2022

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APPENDIX OF OP (DRT) 349/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE SANCTION ORDER DATED
05/09/2019INRESPECTOFTHE
PETITIONERS' 175.93 CENTS OF PROPERTY.
Exhibit P2TRUE COPY OF THE REQUEST DATED
13/07/2021 SUBMITTED BY THE THE 1ST
PETITIONER.
Exhibit P3TRUE COPY OF THE DEMAND NOTICE DATED
31/05/2021ISSUEDBYTHE1ST
RESPONDENT.
Exhibit P4TRUE COPY OF THE POSSESSION NOTICE
DATED 02/11/2021 AFFIXED BY THE 1ST
RESPONDENT.
Exhibit P5TRUE COPY OF THE JUDGMENT DATED
24/03/2022 IN O.P(DRT) NO. 257 OF
2022.
Exhibit P6TRUE COPY OF THE MEMO DATED 25/04/2022
FILED BY THE RESPONDENTS IN SA
NO.303/2021.
Exhibit P7TRUE COPY OF THE ORDER DATED
17/05/2022 IN CRL.M.P.NO.1833/2022 OF
THE CJM COURT, THRISSUR.
Exhibit P8TRUE COPY OF THE NOTICE DATED
23/06/2022 ISSUED BY THE ADVOCATE
COMMISSIONER.
Exhibit P9TRUE COPY OF THE AMENDED S.A.
NO.303/2021 FILED BEFORE THE DEBT
RECOVERY TRIBUNAL-II, ERNAKULAM.
Exhibit P10TRUE COPY OF THE STAY PETITION (I.A.
NO.1503/2022) IN SA NO.303 OF 2021.
Exhibit P11TRUE COPY OF THE PROCEEDINGS DATED
6.7.2022 OF THE DRT-II, ERNAKULAM.
Exhibit P12TRUE COPY OF THE SMS ISSUED BY THE 2ND
RESPONDENT ON 25/07/2022.
Exhibit P13TRUE COPY OF THE PROCEEDINGS DATED
08/08/2022 OF DRT-II, ERNAKULAM IN
S.A. NO.303/2021.

Dillens.T.D v. the Authorised Officer

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Dillens.T.D v. the Authorised Officer

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