Disposed

Muhammed Noufal v. the Authorized Officer

Kerala HC21 Feb 2024OP (DRT)/14/2024

Case brief

AI extract

What is this about?

A borrower sought quashing of the bank's demand notice and deferral of coercive steps until his Securitisation Application was heard by the DRT. The court declined the relief sought but directed respondents to defer coercive proceedings until the DRT hearing date.

What did the court decide?

Respondents directed to defer coercive proceedings against the petitioner till 26.02.2024; relief of quashing notice not granted.

Muhammed Noufal Vs the Authorized Officer — Banking and Recovery | Kerala HC (2024)

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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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WEDNESDAY, THE 21ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945
OP (DRT) NO. 14 OF 2024

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AGAINST THE ORDER/JUDGMENT SA 17/2024 OF DEBT RECOVERY TRIBUNAL,

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ERNAKULAM

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PETITIONER/APPLICANT:

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MUHAMMED NOUFAL
AGED 47 YEARS
S/O. MUHAMMED KASSIM HAJI, POOKKAATTIL HOUSE,
PUTHOOR P.O., MALAPPURAM,
PIN – 676503

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BY ADVS.
KRISHNA PRASAD. S
SINDHU S KAMATH
SWAPNA S.K.
ROHINI NAIR
SURAJ KUMAR D.
SUNILKUMAR K.K.
A.KARTHIKA SIVAN

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RESPONDENTS/DEFENDANTS:

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1THE AUTHORIZED OFFICER
KOTTAKKAL CO-OPERATIVE URBAN BANK LTD.NO.1378,
HAVING ITS HEAD OFFICE KOTTAPPADY,
KOTTAKKAL, MALAPPURAM DISTRICT,
PIN – 676503

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2THE KOTTAKKAL CO-OPERATIVE URBAN BANK LTD.NO.1378,
HAVING ITS HEAD OFFICE KOTTAPPADY,
KOTTAKKAL, MALAPPURAM DISTRICT,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/AUTHORIZED
OFFICER,
PIN – 676503

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OP (DRT) NO.14 OF 2024

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BY ADVS.
DEVAPRASANTH P.J
SMINI JOSE(K/262/2015)

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 21.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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OP (DRT) NO.14 OF 2024

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JUDGMENT

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Dated this the 21^st day of February, 2024

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The petitioner, who has availed financial advances from the 2^nd respondent-Kottakkal Co-operative Urban Bank Limited by mortgaging secured asset, has filed this O.P (DRT) seeking to quash Ext.P1 notice and to direct the respondents not to take any further steps pursuant to Ext.P1 notice until Ext.P5 Securitisation Application No.17 of 2024 and Ext.P6 stay petition are heard by the Debts Recovery Tribunal-1, Ernakulam.

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The petitioner states that the petitioner has a very

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fair chance to get Ext.P1 notice set aside by the Debts Recovery Tribunal. The S.A. now stands posted to 26.02.2024. In the meanwhile if the petitioner is dispossessed, the petitioner will be put to untold hardship,

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OP (DRT) NO.14 OF 2024

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contended the petitioner.

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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 submitted that this Court on 11.01.2024 directed the petitioner to remit an amount of 5 lakhs within₹ a period of one month and on that condition, there was a stay on Ext.P4 proceedings. The petitioner did not pay the amount within time. The petitioner remitted the amount only on 14.02.2024.

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Ext.P1 notice is dated 03.11.2021. The petitioner had earlier filed S.A.No.264 of 2022 on 13.05.2022 before the Debts Recovery Tribunal. The said S.A was dismissed on 24.07.2023. The petitioner is again challenging Ext.P1 notice in subsequent S.A.No.17 of 2024, which is now pending before the Debts Recovery Tribunal. The said S.A. is not maintainable at all as it is barred by principles of res judicata . When the S.A. itself is not meritorious, this Court

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OP (DRT) NO.14 OF 2024

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5

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need not pass any orders in this O.P (DRT) arising from S.A.No.17 of 2024.

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Counsel for the petitioner would submit that the present S.A is not barred by res judicata as there is change of circumstances and subsequent cause of action.

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I have heard the learned counsel for the petitioner

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and the learned Standing Counsel representing the respondents.

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The fact remains that the petitioner has challenged Ext.P1 notice and subsequent proceedings filing S.A.No.17 of 2024. The S.A. stands posted to 26.02.2024. On 11.01.2024, this Court directed the petitioner to remit an amount of 5 lakhs within a period of one month. The₹ amount ought to have been paid by 10.02.2024. The petitioner could pay the said amount only on 14.02.2024.

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Taking into consideration the facts of the case and taking into consideration the fact that S.A.No.17 of 2024 filed

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OP (DRT) NO.14 OF 2024

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by the petitioner and interim application is coming up for orders the before Debts Recovery Tribunal on 26.02.2024, this O.P (DRT) is disposed of without granting the relief sought for by the petitioner, but however, directing the respondents to defer coercive proceedings, if any, against the petitioner till 26.02.2024.

N.NAGARESH

JUDGE

hmh

OP (DRT) NO.14 OF 2024

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APPENDIX OF OP (DRT) 14/2024

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE DEMAND NOTICE DATED
03-11-2021
Exhibit P2A TRUE COPY OF THE PETITION IN
C.M.P.NO.3039/2022 DATED 20-10-2022
Exhibit P3A TRUE COPY OF THE AFFIDAVIT SUBMITTED
BEFORE THE CHIEF JUDICIAL MAGISTRATE
COURT MANJERI DATED 20-10-2022
Exhibit P4A TRUE COPY OF THE NOTICE ISSUED BY
ADVOCATE COMMISSIONER DATED 25-11-2022
Exhibit P5A TRUE COPY OF THE S.A. NO.17 OF 2024
DATED 03-01-2024 BEFORE THE DEBT
RECOVERY TRIBUNAL-I WITHOUT EXHIBITS
Exhibit P6A TRUE COPY OF THE I.A. NO. 33 OF 2024
IN S.A. NO. 17 OF 2024 DATED
03.01.2024 BEFORE THE DEBT RECOVERY
TRIBUNAL-I

Muhammed Noufal v. the Authorized Officer

Case brief

What is this about?

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Muhammed Noufal v. the Authorized Officer

Case brief

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