Dismissed

Simi v. the Kerala State Co-Operative Bank Ltd.

Kerala HC10 Feb 2023OP (DRT)/59/2023

Case brief

AI extract

What is this about?

This Court dismissed a writ petition challenging an order of the Debt Recovery Tribunal because the petitioners had already approached this Court for similar relief in an earlier proceeding, rendering the current petition an impermissible attempt to modify that judgment.

What did the court decide?

Writ petition dismissed without prejudice to filing for review of earlier judgment.

Simi Vs the Kerala State Co-Operative Bank Ltd. — 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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FRIDAY, THE 10^TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944

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OP (DRT) NO. 59 OF 2023

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AGAINST THE ORDER/JUDGMENT SA 20/2023 OF DEBT RECOVERY TRIBUNAL,

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ERNAKULAM

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PETITIONERS:

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1 SIMI AGED 42 YEARS, D/O. RADHAKRISHNAN, KALLUNGAL HOUSE, VELLANGALLUR BLOCK JUNCTION, IRINJALAKUDA, THRISSUR DISTRICT, KERALA, PIN - 680662 2 ISMAIL, AGED 45 YEARS S/O. IBRAHIM, KALLUNGAL HOUSE, VELLANGALLUR BLOCK JUNCTION, IRINJALAKUDA, THRISSUR DISTRICT, KERALA, PIN - 680662 3 RADHAKRISHNAN C. K., AGED 80 YEARS S/O KUNJANDY, CHEMPANEZHATH HOUSE, LOKAMALESHWARAM, KODUNGALLOOR P.O., THRISSUR DISTRICT, KERALA, PIN - 680664 BY ADVS. A.S.DILEEP P.BINOD K.Y.SUDHEENDRAN SUSEELA DILEEP SUDEEP ARAVIND PANICKER

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OP (DRT) NO. 59 OF 2023

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RESPONDENT:

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THE KERALA STATE CO-OPERATIVE BANK LTD. KODUNGALLOOR BRANCH, EAST NADA, KODUNGALLOOR, THRISSUR DISTRICT, KERALA, PIN - 680664 REPRESENTED BY ITS AUTHORISED OFFICER

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BY ADV P.C.SASIDHARAN

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (DRT) NO. 59 OF 2023

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T.R. RAVI, J.

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O. P. (DRT). No. 59 of 2023

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Dated this the 10^th day of February, 2023

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JUDGMEN T

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The writ petition has been filed by the petitioners challenging the proceedings before the Debt Recovery Tribunal. The petitioners 1 & 2 had earlier approached this Court by filing WP(C) No.10049/2022 wherein the petitioners had confined reliefs for repaying the overdue amount in instalments and to obtain regularisation of the loan account. This Court by judgment dated 24.03.2022 directed the respondent Bank to accept repayment of the entire overdue amount along with the Bank charges from the petitioners and regularise the loan account subject to certain conditions. Petitioners 1 & 2 failed to comply with the directions contained in the judgment in WP(C) No.10049/2022 and when physical possession was sought to be taken in pursuance of the proceedings initiated under the SARFAESI Act, petitioners approached the Debt Recovery Tribunal challenging the proceedings. An application for stay has been preferred as I.A.No.131/2023. By Ext.P10 order, the Debt Recovery Tribunal directed to maintain

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OP (DRT) NO. 59 OF 2023

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status quo on condition that the applicants deposit a sum of ₹6,00,000/- out of the total outstanding in two instalments of ₹3,00,000/- each. It is aggrieved by the said order that this writ petition has been filed.

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The petitioners 1 & 2 chose to approach this Court earlier and a judgment was also issued since they only wanted regularisation of the loan account. The prayer in the present writ petition if allowed would have the effect of modifying the earlier judgment, which according to me, cannot be done except by way of a review or by way of an appeal. The remedy is not by filing a fresh writ petition.

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In the above circumstances, this writ petition fails and is dismissed. However, the dismissal of the writ petition is without prejudice to the petitioners filing an appropriate application for review of the earlier judgment.

Sd/-

T.R. RAVI

JUDGE

OP (DRT) NO. 59 OF 2023

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APPENDIX OF OP (DRT) 59/2023

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PETITIONER'S EXHIBITS

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Exhibit.P1	TRUE COPY OF THE CERTIFICATE DATED 25/06/2021 ISSUED BY THE ELITE MISSION HOSPITAL REGARDING THE MEDICAL CONDITION OF THE THIRD RESPONDENT
Exhibit.P2	TRUE COPY OF THE NOTICE DATED 09/12/2022 ISSUED BY ONE ADV. ALISHA ANTONY
Exhibit.P3	TRUE COPY OF THE CERSAI SEARCH REPORT ISSUED BY THE CENTRAL REGISTRY DATED 15/07/2022
Exhibit.P4	TRUE COPY OF THE NOTICE DATED 11/01/2021 CLAIMED TO HAVE BEEN ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT
Exhibit.P5	TRUE COPY OF THE OFFICE ORDER DATED 17/08/2021 APPOINTING MS.GRACY C.A. AS THE AUTHORISED OFFICER OF THE RESPONDENT BANK
Exhibit.P6	TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT BEFORE THE HON'BLE CJM COURT IN SUPPORT OF AN APPLICATION UNDER SECTION 14 OF THE ACT
Exhibit.P7	TRUE COPY OF THE ORDER DATED 27/09/2022 PASSED BY THE CJM COURT
Exhibit.P8	TRUE COPY OF THE SECURITISATION APPLICATION NO. 20 OF 2023 WITHOUT ANNEXURES
Exhibit.P9	TRUE COPY OF INTERLOCUTORY APPLICATION NO. 131/2023 IN SA 20/2023 SEEKING INTERIM STAY
Exhibit.P10	TRUE COPY OF THE ORDER DATED 16/01/2023 IN S.A. 20 OF 2023 OF DEBTS RECOVERY TRIBUNAL- II, ERNAKULAM

Simi v. the Kerala State Co-Operative Bank Ltd.

Case brief

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Simi v. the Kerala State Co-Operative Bank Ltd.

Case brief

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