Present vs For Information Purpose Only on 9 April, 2021

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Kerala High Court

Present vs For Information Purpose Only on 9 April, 2021

Bench: A.M.Badar

OP (DRT) 36/2021                                1/2

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            Present:
                       THE HONOURABLE MR. JUSTICE A.M.BADAR

                       Friday,the 9th day of April 2021/19th Chaithra, 1943
                                     OP (DRT) No.36/2021
SA No.116/2021 of the DEBT RECOVERY TRIBUNAL -                 II, ERNAKULAM
PETITIONER
            For information purpose only
       RAFEEK I, AGED 50 YEARS, S/O.ISMAIL KUNJ,
       ROSE HOUSE, VALLIKUNNAM P.O., MAVELIKKARA-690501.
RESPONDENT
       THE AUTHORISED OFFICER,
       STATE BANK OF INDIA, SARB BRANCH, LMS COMPOUND, OPP.MUSEUM
       WEST GATE, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.

         Original Petition (Debt Recovery Tribunal) praying inter alia that in the circumstances
stated in the aﬃdavit ﬁled along with the OP (DRT) the High Court be pleased to direct the
respondents not to proceed with measures under the Securitisation Act pending disposal of
Ext.P2 application before the DRT-II, Ernakulam including sale of the petitioner's property,
which is the subject matter of Ext.P1 & P2.
         This petition coming on for admission upon perusing the petition and the aﬃdavit ﬁled
in support of OP (DRT) and upon hearing the arguments of M/S.SADCHITH P. KURUP &
C.P.ANIL RAJ, Advocates for the petitioner, and of STANDING COUNSEL for respondent ,
the court passed the following:
                                           ORDER

Heard the learned counsel for the petitioner. The learned counsel for the petitioner submits that on 22.03.2021, the petitioner has ﬁled Securitization Application along with stay petition challenging the auction notice. But as the DRT-II is not functional, the petition could not be heard by the learned DRT. The learned Standing Counsel takes notice for the respondent and submits that the auction took place today itself.

In this view of the matter post the petition for further hearing after vacation. In the meanwhile the approved bid should not be conﬁrmed till next date of hearing. 09-04-2021 Sd/- A.M.BADAR, JUDGE OP (DRT) 36/2021 2/2 /true copy/ Sd/-

ASSISTANT REGISTRAR PtK/12.04.21.

EXHIBIT P1: TRUE COPY OF THE SA NO.116/2021 FILED BY PETITIONER BEFORE DRT-2, ERNAKULAM.

EXHIBIT P2: TRUE COPY OF THE I.A.NO.542/2021 IN SA NO.116/2021.

For information purpose only

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