Kerala High Court
Anirudhan K.A vs The Catholic Syrian Bank Limited on 18 December, 2025
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OP(DRT) No.410/2025
2025:KER:98742
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY,THE 18TH DAY OF DECEMBER 2025/27TH AGRAHAYANA, 1947
OP (DRT) NO. 410 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN SA NO.131 OF
2025 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONERS:
1 ANIRUDHAN K.A., AGED 54 YEARS
S/O. ACHUTHAN, KOVATH HOUSE, CHERUVAL,
PALAZHY P.O., PUTHUKKAD, PIN - 680301
2 RAJEEVAN C.M., AGED 46 YEARS, S/O. MANIKUTTY,
CHEERAMBATH HOUSE, MULANGU,THOTTIPAL POST,
THRISSUR, KERALA, PIN - 680310
BY ADVS.
SRI.R.SUDHISH
SMT.M.MANJU
RESPONDENT:
THE CATHOLIC SYRIAN BANK LIMITED
BRANCH PARAPPUKKARA, ST. JOHN'S FORANE CHURCH
BUILDING, PARAPPUKARA P.O., THRISSUR,
REPRESENTED BY ITS CHIEF MANAGER/AUTHORISED
OFFICER, PIN - 680310
BY ADV SRI.C.A.JOY
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP
FOR ADMISSION ON 18.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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OP(DRT) No.410/2025
2025:KER:98742
JUDGMENT
(Dated this the 18th day of December, 2025) The petitioners are the applicants in S.A. No.131/2025 on the file of the Debts Recovery Tribunal-II, Ernakulam filed under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
2. The Company by name M/s. Goodwin Packpet Private Limited, as the principal borrower and the petitioners, as guarantors, availed a machinery loan of Rs.3,20,00,000/-, a mortgage loan of Rs.65,00,000/- and a cash credit facility of Rs.1,00,00,000/- on 10.10.2014 and 23.06.2016. An extent of 39.35 ares of land with a building belonging to M/s.Goodwin Packpet Private Limited, an extent of 9.72 Ares of land and building belonging to the 2nd petitioner, and an extent of 14.16 ares of land with a building belonging to the 1 st petitioner were mortgaged to the bank.
3. Since there was default in payment, the bank proceeded under the provisions of the SARFAESI Act by filing a 3 OP(DRT) No.410/2025 2025:KER:98742 petition under Section 14 of the Act before the Chief Judicial Magistrate Court, Thrissur as CMP No.469/2019 and an Advocate Commissioner was appointed to take physical possession. On receipt of notice from the Advocate Commissioner, the petitioner approached this Court by filing WP(C) No.3150/2019, which was disposed of by directing the petitioners to make a payment of Rs.50,00,000/- on or before 28.03.2019 and the balance outstanding amount of Rs.5,64,62,533.80 along with all applicable charges and interest, either in instalments or in lumpsum by 05.08.2019.
4. The petitioner has also filed S.A. No.131/2025 challenging the proceedings initiated against the petitioners. The petitioners further filed I.A.No.4399/2025 for a direction to the bank to produce a detailed account statement.
5. On 26.11.2025, when the case was taken up by the Debts Recovery Tribunal, it was noticed that the account statement had been filed on that day. Consequently, the I.A. was rejected, and the case was posted for judgment on 10.12.2025. The parties were directed to file written notes. 4 OP(DRT) No.410/2025
2025:KER:98742
6. Thereafter, on 04.12.2025, the petitioners filed Exts.P3 and P4 applications - one for to reopen the securitisation application and the other to obtain an expert opinion for verifying the loan statements.
7. The grievance of the petitioners is that, without passing orders on the said two applications, the Debts Recovery Tribunal has posted the case for judgment. At the time of admission, this Court passed an order on 08.12.2025 directing the Debts Recovery Tribunal to defer the pronouncement of judgment by one week.
8. The learned counsel for the respondent, after entering appearance, submits that the petitioners did not file the written statement as directed by the Debts Recovery Tribunal on 26.11.2025 and Exts.P3 and P4 were filed on 04.12.2025 only to ensure that the judgment is not pronounced and thereby to stall the recovery proceedings.
9. It is not in dispute that Exts.P3 and P4 are pending before the Debts Recovery Tribunal and no orders have been passed thereon. Therefore, I deem it appropriate to dispose of 5 OP(DRT) No.410/2025 2025:KER:98742 this original petition by directing the Debts Recovery Tribnunal to take up Exts.P3 and P4 and pass orders in I.A. Nos.4685/2025 and 4686/2025 on or before 15.01.2026. Till such time, pronouncement of judgment shall be deferred.
The original petition is disposed of as above.
Sd/-
BASANT BALAJI JUDGE ncd 6 OP(DRT) No.410/2025 2025:KER:98742 APPENDIX OF OP (DRT) NO. 410 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEMO WITH ANNEXURES FILED BY THE RESPONDENT BANK DATED 25/11/2025 IN S.A. NO. 131 OF 2025 OF DEBT RECOVERY TRIBUNAL - II, ERNAKULAM Exhibit P2 DOWNLOADED COPY OF THE ORDER DATED 26/11/2025 FROM THE OFFICIAL SITE OF THE HONOURABLE DEBT RECOVERY TRIBUNAL
- II, ERNAKULAM Exhibit P3 TRUE COPY OF THE UNNUMBERED IA IN S.A. NO. 131 OF 2025 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL - II, ERNAKULAM WITH ID NO. 20245/2025 DATED 4.12.2025 Exhibit P4 TRUE COPY OF THE UNNUMBERED IA IN S.A. NO. 131 OF 2025 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL - II, ERNAKULAM WITH ID NO.20246/2025 DATED 4.12.2025 Exhibit P5 TRUE COPY OF SECURITISATION APPLICATION IN S.A. NO. 131 OF 2025 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL - II, ERNAKULAM DATED JANUARY, 2025 (WITHOUT ANNEXURES)