Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944 OP (DRT) NO. 145 OF 2022 AGAINST THE ORDER/JUDGMENT IN SA 284/2019 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONERS/APPLICANTS : 1 HYPER TECH SYSTEMS, REPRESENTED BY ITS PROPRIETOR, GIRISH KUMAR R., OPPOSITE KOCHUKODUNGALLOOR TEMPLE, NEAR IRON BRIDGE, KOLLAM-691 013. 2 GIRISH KUMAR R., AGED 43 YEARS S/O. RAJAGOPAL R., RAJAGIRI, 3 USHAKUMARI R., AGED 65 YEARS W/O. RAJAGOPAL R., RAJAGIRI, 4 GANESH R., AGED 35 YEARS S/O. RAJAGOPAL R., RAJAGIRI, BY ADVS. V.K.PEERMOHAMED KHAN GIRISH KUMAR V.C RESPONDENTS/DEFENDANTS/ADDL2/3RD RESPONDENT IMPLEADING ALLOWED IN DRT: 1 STATE BANK OF INDIA, REPRESENTED BY ITS MANAGER, ANANDAVALLESWARAM BRANCH, CHIDANAND TOWERS, NEAR HIGH SCHOOL JUNCTION, KOLLAM-691 013. 2 THE AUTHORIZED OFFICER, STATE BANK OF INDIA, ANANDAVALLESWARAM BRANCH, CHIDANAND TOWERS, NEAR HIGH SCHOOL JUNCTION, KOLLAM-691 013.
3 HARIKUMAR G., S/O. GOPAKUMAR PILLAI, RESIDING AT KAMALALAYAM, THEVALLY P.O., BY ADVS. JAWAHAR JOSE BINU GEORGE HEMALATHA THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J …......….................................. O.P.(DRT) No.145 of 2022 ….................................. Dated this the 5 th day of April, 2022
JUDGMENT
Petitioners have approached this Court through this original petition, challenging the sale held on 29.12.2021. During the course of proceedings, the parties were relegated to the Mediation Centre to initiate appropriate mediation proceedings. A report has been filed by the mediator stating that the mediation failed.
2. The learned counsel for the 1 st respondent Bank submitted that pursuant to the sale, sale certificate was registered on 18.01.2022 and that this original petition was preferred only on 15.02.2022.
3. Having regard to the aforesaid circumstances, I am
of the view that, since the Debts Recovery Tribunal has started functioning, petitioners can pursue their remedy before the Tribunal in S.A.No.284/2019 or any other appropriate proceedings before the said statutory authority, as advised. However, continuance of the interim order any further will cause prejudice to the auction purchaser. Therefore, while relegating the petitioners to pursue their statutory remedy, the interim order shall not continue any further. Notwithstanding the above, the petitioners will be at liberty to attempt to obtain interim orders from the Debts Recovery Tribunal. If any applications are filed before the Tribunal they shall be considered by the Debts Recovery Tribunal, untrammelled by any observation in this judgment. Sd/- BECHU KURIAN THOMAS JUDGE AMV/05/04//2022 APPENDIX OF OP (DRT) 145/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SECURITIZATION
APPLICATION FILED BY THE PETITIONERS AS SA NO.284/2019 BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM, ALONG WITH ANNEXURES. Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT BANK Exhibit P3 TRUE COPY OF THE AMENDMENT PETITION ALONG WITH ANNEXURES IN I.A.NO.1651/2019 IN SA Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE DRT-II, ERNAKULAM IN SA NO.284/2019. Exhibit P5 TRUE COPY OF THE AMENDMENT PETITION ALONG WITH ANNEXURES IN I.A.NO.1160/2021 IN SA Exhibit P6 TRUE COPY OF THE AMENDMENT PETITION ALONG WITH ANNEXURES IN I.A.NO.1434/2021 IN SA Exhibit P7 TRUE COPY OF THE AMENDMENT PETITION ALONG WITH ANNEXURES IN I.A.NO.1689/2021 IN SA Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER Exhibit P9 TRUE COPY OF THE SALE CERTIFICATE Exhibit P10 TRUE COPY OF THE AMENDMENT PETITION IN I.D.NO.1424/2022 IN SA NO.284/2019 Exhibit P11 TRUE COPY OF THE IMPLEADING PETITION IN I.D.NO.1425/2022 IN SA NO.284/2019 RESPONDENTS ANNEXURES EXT.R1A COPY OF THE POSTAL TRACK CONSIGNMENT WITH RESPECT TO THE POSTAL NOTICE TO TEH 1ST PETITIONER. EXT.R1B COPY OF THE POSTAL COVER OF TEH RETURNED NOTICE WHICH WAS SENT TO THE 2ND PETITIONER WITH THE ENDORSEMENT OF THE POSTAL AUTHORITIES. EXT.R1C COPY OF THE POSTAL ACKNOWLEDGMENT CARD TO SUBSTANTIATE THE SERVICE OF NOTICE TO THE 3RD PETITIONER. EXT.R1D COPY OF THE POSTAL COVER OF THE RETURNED NOTICE WHICH WAS SENT TO THE 4TH PETITIONER WITH THE ENDORSEMENT OF THE POSTAL AUTHORITES.
TRUE COPY