Kerala High Court
M/S Rubber Marketing And Processing ... vs The Authorized Officer, Canara Bank on 14 July, 2025
2025:KER:51775
OP (DRT) No. 303 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
OP (DRT) NO. 303 OF 2023
IN UNNUMBERED REVIEW APPLICATION (ID NO.11254) FILED AGAINST
THE ORDER DATED 12.07.2023 IN S.A. NO.252 OF 2021 BEFORE THE
DEBT RECOVERY TRIBUNAL-I, ERNAKULAM
PETITIONERS/REVIEW APPLICANTS/APPLICANTS:
1 M/S RUBBER MARKETING AND PROCESSING
CO-OPERATIVE LIMITED (RUBTECH INDIA),
C-30, 2ND FLOOR, AL-RAHABA PLAZA,
NELLIKAI ROAD, MANGALURU,
REPRESENTED BY ITS CHAIRMAN,
MR.JOSE THATHYAMKULAM, PIN-575001
2 MR.JOSE THATHYAMKULAM,
AGED 60 YEARS, S/O LATE GEORGE THATHYAMKULAM,
THATHYAMKULAM HOUSE, ULICKAL P.O.,
KANNUR DISTRICT, PIN-670705
BY ADVS.
SHRI.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SHRI.R.ANANTHAPADMANABAN
SHRI.PAUL BABY
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 THE AUTHORIZED OFFICER, CANARA BANK,
ARM BRANCH, CIRCLE OFFICE BUILDING,
BALMATTA ROAD, MANGALURU, PIN-575001
2025:KER:51775
OP (DRT) No. 303 of 2023
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2 CANARA BANK,
BUNDER MANGALORE BRANCH, MANGALURU,
REPRESENTED BY ITS CHIEF MANAGER,
PIN-575001
3 SRI.SALIM ANIYAN KUNNUMMEL,
S/O ABBU ANIYAN KUNNUMMEL, KOLAYAD,
KANNUR, KERALA, PIN-670650
BY ADVS.
SRI.ANIRUDH KADAVIL
SRI.T.RAMESH BABU
SRI.C.K.SREEJITH
SMT.M.J.RAJASREE
SRI.K.V.ANIL
SRI. M. GOPIKRISHNAN NAMBIAR, STANDING COUNSEL
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 14.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:51775
OP (DRT) No. 303 of 2023
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MOHAMMED NIAS C.P., J.
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O.P.(DRT) No. 303 of 2025
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Dated this the 14th day of July, 2025
JUDGMENT
The Original Petition is filed with the following prayers:-
(i) direct the respondents 1 and 2 not to register the property covered in Annexure RA-2 document in the name of the 3rd respondent during the pendency of Exhibit P3 Review Application before the Debt Recovery Tribunal-I, Ernakulam; and
(ii) to issue such other reliefs as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case.
2. It is submitted by the learned counsel for the Bank that pending the above Original Petition, the property covered by Annexure RA-2 document was registered in the name of the 3 rd respondent on 19.06.2024. This is recorded.
3. The petitioners submit that they have filed a review application before the Tribunal on 31.07.2023, but the same has not 2025:KER:51775 OP (DRT) No. 303 of 2023 -4- been numbered as the defects were not cured. It will be open to the petitioners to cure the defects and seek relief before the Tribunal.
Without prejudice to the contentions of the petitioners and without prejudice to pursue the review petition filed before the Tribunal, this Original Petition is closed as infructuous. While considering the delay in filing the review petition, the time spent from 02.08.2023 till this date shall be excluded.
Sd/-
MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:51775 OP (DRT) No. 303 of 2023 -5- APPENDIX OF OP (DRT) 303/2023 PETITIONERS' EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE SA NO.252 OF 2021 FILED BEFORE THE DEBT RECOVERY TRIBUNAL- I, ERNAKULAM EXHIBIT P2 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION NO.1855 OF 2023 IN SA NO.252 OF 2021 PRODUCING THE VALUATION REPORT DATED 27.05.2023 EXHIBIT P3 THE TRUE COPY OF THE UNNUMBERED REVIEW APPLICATION FILED BEFORE DRT-I, ERNAKULAM IN SA NO.252 OF 2021 EXHIBIT P4 THE TRUE COPY OF THE UNNUMBERED INTERLOCUTORY APPLICATION OF 2023 FILED IN UNNUMBERED REVIEW APPLICATION OF 2023 FOR DIRECTION EXHIBIT P5 THE TRUE COPY OF THE UNNUMBERED INTERLOCUTORY APPLICATION OF 2023 FILED IN UNNUMBERED REVIEW APPLICATION OF 2023 FOR ACCEPTING ADDITIONAL DOCUMENTS EXHIBIT P6 THE TRUE COPY OF THE UNNUMBERED INTERLOCUTORY APPLICATION OF 2023 FILED IN UNNUMBERED REVIEW APPLICATION OF 2023 TO RECALL ANNEXURE RA-15 ORDER EXHIBIT P7 THE TRUE COPY OF THE SALE CERTIFICATE NO.1363/I/2024 DATED 19/06/2024 EXECUTED BY THE 1ST RESPONDENT IN FAVOUR OF THE 3RD RESPONDENT