Kerala High Court
George Joseph vs State Bank Of India on 8 April, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:30346
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
OP (DRT) NO. 183 OF 2024
AGAINST THE ORDER/JUDGMENT IN DRC NO.3253 OF 2010 OF
DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONERS/CERTIFICATE DEBTORS:
1 GEORGE JOSEPH,
AGED 64 YEARS, S/O. JOSEPH,
THALIYATH HOUSE, CHURCH LANDING ROAD,
PALLIMUKKU, KOCHI - 682016, ERNAKULAM DISTRICT,
NOW RESIDING AT FLAT NO. VII A SHANTHI
RIVER DALE,THYKOODAM P.O. ERNAKULAM DISTRICT,
PIN - 682016.
2 MINI GEORGE,
AGED 57 YEARS, W/O. GEORGE JOSEPH,
THALIYATH HOUSE, CHURCH LANDING ROAD,
PALLIMUKKU, KOCHI -682016,ERNAKULAM DISTRICT,
NOW RESIDING AT FLAT NO. VII A SHANTHI RIVER
DALE, THYKOODAM P.O. ERNAKULAM DISTRICT,
PIN - 682019.
BY ADVS.
GEORGEKUTTY MATHEW
R.PREM SANKAR
OP(DRT)No.183 of 2024
:2:
2025:KER:30346
RESPONDENTS/CERTIFICATE HOLDER & OFFICIAL PARTY:
1 STATE BANK OF INDIA,
REPRESENTED BY ITS MANAGER, STRESSED ASSETS
MANAGEMENT BRANCH, RS BUILDING, M.G ROAD,
ERNAKULAM, PIN - 682011.
2 THE RECOVERY OFFICIER-1 DEBT RECOVERY TRIBUNAL-I,
ERNAKULAM, 1ST FLOOR, KSHB BUILDING, PANAMPALLY
NAGAR P.O. ERNAKULAM, PIN - 682036.
BY ADV.SRI.JITHESH MENON, STANDING COUNSEL
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY
HEARD ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(DRT)No.183 of 2024
:3:
2025:KER:30346
JUDGMENT
Dated this the 8th day of April, 2025 The petitioners are defendants Nos.2 and 3 in O.A No.134 of 2009 on the file of Debt Recovery Tribunal-I, Ernakulam, which was filed by the 1st respondent to recover dues on the loan availed by the defendants. O.A No.134 of 2009 was disposed of as per Ext.P1 ex-parte final order and Ext.P2 DRC No.3253 of 2010 was issued on 30.06.2010, giving cause of action for the recovery of proceedings. No appeals are filed against Exts.P1 and P2. Therefore, the operation of Ext.P2 takes effect for a period of three years by virtue of Rule 688 of the second schedule of the Income Tax Act. All further proceedings on Ext.P2 are without jurisdiction and legally OP(DRT)No.183 of 2024 :4: 2025:KER:30346 unsustainable, contend the petitioners. This is made clear by the Division Bench of this Court in Ext.P5 judgment.
2. The petitioners filed Ext.P4 application seeking to withdraw and close all further proceedings in Ext.P2. Ext.P4 application was dismissed by judgment of this Court in W.A No.60 of 2010, as per Ext.P7 order. This original petition is filed challenging Ext.P7 order and consequent Ext.P8 order, proclaiming the sale of properties covered by Ext.P2 on 28.05.2024. Exts.P9 and P10 are the interim orders passed in identical O.P.(DRT) cases which are pending. The petitioners are also entitled to similar orders like Exts. P9 and P10, contends the Counsel for the petitioners.
3. I have heard the learned Counsel for the petitioners and the learned Standing Counsel representing the 1st respondent.
OP(DRT)No.183 of 2024:5:
2025:KER:30346
4. The issue agitated in this OP(DRT) takes in the question whether Rule 68B, which provides a time limit for the sale of attached immovable property (the second schedule to the Income Tax Act) applies to proceedings for recovery of amount determined as payable to Banks / Financial Institutions under the RDDB Act. This Court held that the provisions of Rule 68B of the second schedule to the Income Tax are not applicable to the proceedings for recovery of amounts determined as payable to a Bank / Financial Institution under the provisions of the RDDB Act, in the judgment in Geevarghese P. John v. The Federal Bank Limited [2024 KLT OnLine 2981].
5. Counsel for the petitioners would submit that similar issue is taken up before the Hon'ble Apex Court and in connected matters, there are interim orders of status quo. OP(DRT)No.183 of 2024 :6:
2025:KER:30346
6. Be that as it may, I find that the liability involved in this OP(DRT) would exceed ₹7 Crores. As this Court is bound by the earlier decision in Geevarghese P. John (supra), no further relief can be granted to the petitioners in this OP(DRT).
OP(DRT) is therefore dismissed.
Sd/-
N. NAGARESH JUDGE ams OP(DRT)No.183 of 2024 :7: 2025:KER:30346 APPENDIX OF OP (DRT) 183/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FINAL ORDER DATED 30.06.2010 IN O.A NO. 134/2009 PASSED BY DEBT RECOVERY TRIBUNAL - I, ERNAKULAM Exhibit P2 TRUE COPY OF THE DRC NO. 3253 IN OA NO 134/2009 DATED 30.06.2010 IN THE FILE OF DEBT RECOVERY TRIBUNAL , ERNAKULAM Exhibit P3 TRUE COPY OF THE DEMAND NOTICE IN DRC NO. 3253/2010 DATED 01.09.2010 ISSUED BY THE 2ND RESPONDENT RECOVERY OFFICER OF DEBT RECOVERY TRIBUNAL, ERNAKULAM TO THE PETITIONERS Exhibit P4 TRUE COPY OF THE I.A NO. 18/2024 IN DRC NO. 3253/2010 IN O.A NO. 134/2010 IN THE FILE OF DEBT RECOVERY TRIBUNAL - I, ERNAKULAM Exhibit P5 TRUE COPY OF THE JUDGEMENT DATED 06.12.2017 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN KUTTAGUPTAN VS. CANARA BANK VIZ. W.A NO. 60/2010 Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 27.02.2024 FILED BY LST RESPONDENT/CERTIFICATE HOLDER IN I.A NO. 18/2024 IN DRC NO. 3253/2010 IN O.A NO. 134/2010 IN THE FILE OF DEBT RECOVERY TRIBUNAL - I, ERNAKULAM OP(DRT)No.183 of 2024 :8: 2025:KER:30346 Exhibit P7 A TRUE COPY OF THE ORDER DATED 12.03.2024 PASSED BY THE DEBT RECOVERY TRIBUNAL - I, ERNAKULAM IN I.A NO.
18/2024 IN DRC NO. 3253/2010 IN 0.A NO. 134/2010 Exhibit P8 TRUE COPY OF THE ORDER DATED 14.03.2024 PASSED BY THE 2ND RESPONDENT RECOVERY OFFICER OF DEBT RECOVERY TRIBUNAL - I, EMAKULAM IN DRC NO. 3253/2010 Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 13.02.2024 IA 2/2024 IN O.P (DRT) NO. 394 0F 2022, PASSED BY THIS HON'BLE COURT Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 01.11.2023 IN O.P (DRT) NO. 446 0F 2023, PASSED BY THIS HON'BLE COURT