IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE

30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946 O.P.(DRT) NO.273 OF 2024 PETITIONER(S)/APPELLANTS/APPLICANTS:

1 M/S.IQRA EDUCATIONAL AND CHARITABLE TRUST, REPRESENTED BY ITS CHAIRMAN, HAMSA K.S, DESAMANGALAM P.O, PALLUR, CHERUTHURUTHY, THRISSUR, PIN 679 532 –

2 HAMSA K.S., AGED 55 YEARS, S/O.SAIDALAVY, KARUPPAMVEETTIL HOUSE, KANAL ROAD, THOZHUPADAM, CHELAKKARA, THRISSUR, PIN 680 586 –

3 NASEEMA HAMSA, AGED 45 YEARS, W/O.HAMSA K.S, KARUPPAMVEETTIL HOUSE, KANAL ROAD, THOZHUPADAM, CHELAKKARA, THRISSUR, PIN 680 586 –

BY ADVS.

V.K.PEER MOHAMED KHAN GIRISH KUMAR V.C RESPONDENT(S)/RESPONDENTS/DEFENDANTS:

1 PUNJAB NATIONAL BANK, REPRESENTED BY ITS BRANCH MANAGER THRISSUR BRANCH STRESSED ASSETS TARGETED RESOLUTION ACTION CENTER, MARKET ROAD, THRISSUR, PIN 680 586 –

2 THE AUTHORIZED OFFICER, PUNJAB NATIONAL BANK, STRESSED ASSETS TARGETED RESOLUTION ACTION CENTER, MARKET ROAD, ERNAKULAM, PIN 682 011 –

OTHER PRESENT:

SRI. AJITH KUMAR, STANDING COUNSEL THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON

30.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT (Dated: 30^th August, 2024)

Aggrieved by the final orders of the Debt Recovery Tribunal-II (DRT), Ernakulam, in SA No.254 of 2022, the petitioners have approached the Debt Recovery Appellate Tribunal (DRAT), Chennai, by filing an appeal and numbered as Diary No.1639 of 2023.

Though the appeal was filed on 02.11.2023, there was a delay and a petition to condone the delay is also filed. In the meantime, the bank has initiated further proceedings for taking possession of the building. The Advocate Commissioner has issued a notice as Ext.P7, to take physical possession of the secured assets.

Limited prayer sought by the petitioners is that, since the delay petition is pending, they are not able to get orders in the stay petition.

The counsel appearing for the respondents submits that though the appeal was filed on 02.11.2023, no orders have passed till date and on the last posting, the petitioner sought adjournment. The counsel for the respondents also submits that the case is now posted to

12.09.2024.

Heard the counsel for the petitioners as well as the standing counsel appearing for the respondents.

In the facts and circumstances of the case, I deem it appropriate to dispose of this OP(DRT) directing the DRAT to take up the delay petition and the stay petition on 12.09.2024 itself and pass appropriate orders. If it is not possible to pass orders on the stay petition on 12.09.2024, the stay petition shall be considered within two weeks thereafter. Till such time, all coercive proceedings will stand stayed.

Sd/-

BASANT BALAJI, JUDGE ss APPENDIX OF OP (DRT) 273/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 21.07.2023 IN OP(DRT) 265/2023 OF THE HON’BLE HIGH COURT OF KERALA Exhibit P2 TRUE COPY OF THE FINAL ORDER DATED 24.08.2023 IN SA NO. 254/2022 OF THE DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM Exhibit P3 TRUE COPY OF THE JUDGEMENT IN OP(DRT) NO. 381/2023 DATED 29.09.2023 Exhibit P4 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BEFORE THE DRAT, CHENNAI VIDE DIARY NO. 1639/2023 Exhibit P5 TRUE COPY OF THE PETITION FOR STAY ALONG WITH THE AFFIDAVIT FILED BEFORE THE DRAT, CHENNAI Exhibit P6 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT BANK DATED 09.08.2024 Exhibit P7 TRUE COPY OF THE NOTICE DATED 13.08.2024 ISSUED BY THE ADVOCATE COMMISSIONER IN MC NO: 221/2022 OF THE CJM COURT, THRISSUR