Allowed

Sharafudheen. M. K v. the Authorized Officer

Kerala HC1 Sept 2023OP (DRT)/352/2023

Case brief

AI extract

What is this about?

The Oral Order granted a stay on coercive steps against the petitioner pending the decision on the stay petition filed along with an appeal before the Appellate Tribunal. The DRT was directed to dispose of the stay application within one month.

What did the court decide?

Direction to DRT-II to consider stay application within one month and no coercive steps against petitioner pending orders.

Sharafudheen. M. K Vs the Authorized 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 MOHAMMED NIAS C.P.

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FRIDAY, THE 1^ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945 OP (DRT) NO. 352 OF 2023

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PETITIONER:

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SHARAFUDHEEN. M. K AGED 50 YEARS S/O MAMU, RESIDING AT MANNALAMKUNNATH HOUSE, M.K. KUNHADHU SAHIB ROAD, EDAKKAZHIYUR. P.O, EDAKKAZIYUR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680515 BY ADVS. P.S.SUJETH DEEPU RAJAGOPAL

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RESPONDENTS:

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1 THE AUTHORIZED OFFICER THE SOUTH INDIAN BANK LTD., REGD. OFFICE, SIB HOUSE, T.B. ROAD, MISSION QUARTERS, THRISSUR DISTRICT, PIN - 680001 2 THE BRANCH MANAGER THE SOUTH INDIAN BANK LTD., CHAVAKKAD MAIN BRANCH, H.S. CENTRE, MAIN ROAD, CHAVAKKAD.P. O, CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506

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OP(DRT)NO.352 OF 2023

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BY ADV.

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SRI.DENNY K. VARGHESE, SENIOR GP

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 01.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(DRT)NO.352 OF 2023

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MOHAMMED NIAS C.P., J.

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O.P(DRT)No.352 of 2023

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Dated this the 1^st day of September, 2023

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JUDGMENT

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The learned counsel appearing for the petitioner submits that the second appeal filed by the petitioner has been numbered as S.A.No.460 of 2023, after curing all the defects. It is also submitted that a stay petition was filed along with the second appeal, but no orders have been passed. The apprehension of the petitioner is that he will be dispossessed before orders are passed in the stay petition.

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Having heard the learned counsel for the petitioner as well as the learned Standing Counsel for the bank and taking into account the fact that an appeal along with the stay petition has been moved before the appropriate Tribunal, there will be a direction to the Debts Recovery Tribunal, Ernakulam (DRT-II) to consider the stay application filed by the petitioner with notice to the bank and pass appropriate orders in it, in accordance with law, at the earliest, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. Till

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OP(DRT)NO.352 OF 2023

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orders are passed as directed above, no coercive steps shall be taken against the petitioner.

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The original petition is disposed of as above.

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Sd/-

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MOHAMMED NIAS C.P

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JUDGE

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OP(DRT)NO.352 OF 2023

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APPENDIX OF OP (DRT) 352/2023

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PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN W.P (C) NO.18857 OF 2023, DATED 13-07-2023 OF THE HON'BLE HIGH COURT, AT ERNAKULAM. EXHIBIT P2 TRUE COPY OF THE CAUSE LIST PUBLISHED BY THE DRT-II ON 24-08-2023, DOWNLOADED FROM THE OFFICIAL SITE OF THE TRIBUNAL. EXHIBIT P3 TRUE COPY OF THE ORDER IN NDN 212 OF 2023.

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//TRUE COPY// PA TO JUDGE

Sharafudheen. M. K v. the Authorized Officer

Case brief

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Sharafudheen. M. K v. the Authorized Officer

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