IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 5^TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945 OP (DRT) NO. 488 OF 2023 AGAINST THE ORDER/JUDGMENT SA 77/2023 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM PETITIONERS/APPELLANTS:

1 M/S. SARK SPICE PRODUCE PVT. LTD TAK INDUSTRIAL COMPLEX, EARA NORTH, NEELAMPEROOR, ALAPPUZHA, KERALA PIN - 686534 REPRESENTED BY CHAIRMAN &

MANAGING DIRECTOR.

2 ABRAHAM T. KURUVILLA ALIAS T A KURUVILA AGED 70 YEARS, MANAGING DIRECTOR, SARK SPICE PRODUCE PVT. LTD.

THURUTHITHARA HOUSE, EARA NORTH P.O., NEELAMPEROOR, ALAPPUZHA, KERALA, PIN – 686534.

3 M/S. KALPAKA PROCESSING COMPANY AGED 70 YEARS (REP. BY SOLE PROPRIETOR SHRI T A KURUVILA)

THURUTHITHARA HOUSE, EARA NORTH P.O., NEELAMPEROOR, ALAPPUZHA, KERALA, PIN – 686534.

4 M/S. KSV EXPORTERS PVT LTD TAK INDUSTRIAL COMPLEX, EARA NORTH, NEELAMPEROOR, ALAPPUZHA, KERALA PIN - 686534 REPRESENTED BY DIRECTOR.

BY ADVS.

K.T.SHYAMKUMAR HARISH R. MENON K.N.ABHA A.G.PRASANTH ALEENA SEBASTIAN MARY HEDWIG BABY RESPONDENTS/RESPONDENTS:

1 THE CHIEF MANAGER / AUTHORISED OFFICER THE SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE, REGENCY SQUARE, K.K. ROAD, COLLECTORATE P.O., KOTTAYAM, KERALA, PIN – 686002.

2 THE BRANCH MANAGER THE SOUTH INDIAN BANK LIMITED, WARD NO. II/134C, KUNNUTHARAYIL ARCADE, M.C. ROAD, CHINGAVANAM P.O., KOTTAYAM, KERALA, PIN – 686531.

BY ADVS.

SRI.SUNIL SHANKAR A SMT.VIDYA GANGADHARAN SRI.JERIN GEORGE THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Dated this the 5^th day of January, 2024 OP(DRT) was filed by the petitioners seeking to set aside Ext.P18 order and direct the Debts Recovery Appellate Tribunal, Chennai to restore AIR(SA) No.77 of 2023 back to files and to afford the petitioners an opportunity to file an application for extension of time for compliance with Ext.P16 order of payment of pre-deposit amount.

2. It is evident that AIR(SA) No.712 of 2023 was dismissed as the petitioners did not make the requisite pre-deposit.

3. When the OP(DRT) came up for admission on

20.11.2023, the petitioners submitted that the petitioners will be able to raise the amount as directed by the Debts Recovery Tribunal and pay the same by 11.12.2023. Standing Counsel submits that no payment has been made in spite of the assurance given to this Court on 20.11.2023.

4. It is to be noted that the petitioners have already approached the Debts Recovery Appellate Tribunal challenging the order of the Debts Recovery Tribunal. The petitioners therefore have to move the said Appellate Tribunal for any further relief in the matter. The Debts Recovery Appellate Tribunal has dismissed the appeal filed by the petitioners for non-payment of the pre-deposit. I find no reason to interfere in the matter. In the facts of the case, I do not find any merit in the OP(DRT) filed by the petitioners.

The OP(DRT) is therefore dismissed.

Sd/-

N. NAGARESH JUDGE ams APPENDIX OF OP (DRT) 488/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED

09/06/2021 ISSUED BY THE RESPONDENT Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE UNDER SECTION 13(4) ISSUED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 11-07-

2022 IN W.P.(C) NO: 9509/2022 OF THIS HON'BLE COURT Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE DATED

01-09-2022 ISSUED UNDER SECTION 13(4) OF THE SARFAESI ACT Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 13-10-

2022 IN W.P.(C) NO: 28659/2022 OF THIS HON'BLE COURT Exhibit P 6 TRUE COPY OF THE NOTICE DATED 24/01/2023 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C.NO. 745 OF 2022 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA Exhibit P7 TRUE COPY OF SA 77/2023 FILED BY THE PETITIONERS BEFORE THE DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM Exhibit P8 TRUE COPY OF THE ORDER DATED 02-03-2023 IN I.A. NO: 464/2023 IN SA 77/23 OF DRT-

2, ERNAKULAM Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 17-

3-2023 IN OP(DRT) NO: 122/2023 Exhibit P10 TRUE COPY OF THE