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2023 Supreme(Online)(KER) 12252

HIGH COURT OF KERALA
N. NAGARESH, J
NAIJO K OUSEPH – Appellant
Versus
THE REGISTRAR – Respondent


Advocates:
K.SANEESH KUMAR, P.SHRIHARI, V.B.SANTHINI

JUDGMENT

Dated this the 16th day of November, 2023 The petitioners have approached this Court seeking to set aside Ext.P9 order passed by the 1st respondent-Registrar of Debt Recovery Tribunal and to direct the 1st respondent to number Ext.P1 S.A on the files of the Debt Recovery Tribunal- 1, Ernakulam and to consider interim application for stay filed in Ext.P1 S.A. within a time frame.

2. The petitioners are debtors to the 2nd respondent-

Bank. The 2nd respondent-Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 . When the Chief Judicial Magistrate Court, Thrissur passed Ext.P8 order dated 20.09.2023 in Crl.M.P. No.8060 of 2023, the petitioners filed Ext.P10 appeal before the Debt Recovery Tribunal. The Registrar of the Debt Recovery Tribunal declined to register the application of the petitioner under Sub-Rule (4) of Rule 4 of the Debts Recovery Tribunal (Procedure) Rules, 1993 . 3. The petitioners state that the Securitisation Application relates to four properties, out of which three items are situated in Ernakulam and which would fall within the jurisdiction of DRT-1. One item of property is

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