Kerala High Court
Present vs For Information Purpose Only on 9 April, 2021
Author: A.M.Badar
Bench: A.M.Badar
OP (DRT) 37/2021 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.37/2021
SA No.132/2021 of the DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
PETITIONER
For information purpose only
T.P.DAVIS, AGED 76 YEARS,S/O.KUNJI PORINJU,
PROPRIETOR, M/S. T D INDUSTRIES, 44/521, PANAMUKKU,
THURUTHUMPADAM ROAD, NEDUMPUZHA, THRISSUR-680 007.
RESPONDENTS
1. THE AUTHORISED OFFICER
CSB BANK (FORMERLY THE CATHOLIC SYRIAN BANK LTD.), ZONAL
OFFICE, THRISSUR, POST BOX NO.502, ST.MARY'S COLLEGE ROAD,
THRISSUR-680 020.
2. CSB BANK (FORMERLY THE CATHOLIC SYRIAN BANK LTD.).,
ST.MARY'S COLLEGE ROAD, THRISSUR-680 020, REPRESENTED BY ITS
CHIEF MANAGER.
3. DEBT RECOVERY TRIBUNAL II,
1ST FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM-682 036,
REPRESENTED BY ITS REGISTRAR.
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 stay all
further SARFEASI proceedings pursuant to Exhibit P4 Possession Notice pending disposal of
the above O.P.(DRT).
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.ZAKEER HUSSAIN &
K.A.SANJEETHA, Advocates for the petitioner, and the STANDING COUNSEL for R1 &
R2, the court passed the following:
ORDER
Heard the learned counsel for the petitioner. He submits that petitioner has challenged the steps taken by the respondents under the SARFAESI Act by filing SA No.132/2021 along with stay application as IA No.645/2021 for stay of the possession notice. His Securitization Application is pending consideration before the Debts Recovery Tribunal II, Ernakulam. But that forum is not functioning. The petitioner therefore seeks stay of the proceedings under OP (DRT) 37/2021 2/2 the SARFAESI Act.
[P.T.O.] Notice before admission.
Learned Standing Counsel takes notice for respondent Nos.1 and 2. Post after ten weeks.
In the meanwhile, interim relief as prayed. 09-04-2021 For information purposeSd/-only A.M.BADAR, JUDGE /true copy/ Sd/-
ASSISTANT REGISTRAR PtK/12.04.21.
EXHIBIT P4: TRUE COPY OF THE POSSESSION NOTICE DATED 09.03.2021 ISSUED BY THE 1ST RESPONDENT.