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2024 Supreme(Online)(KER) 45094

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH TH FRIDAY, THE 6 DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946 OP (DRT) NO. 277 OF 2024 PETITIONER/S:

1 K.R. SHAJAN JOSEPH AGED 58 YEARS S/O. LATE K.L. RAPHEL, PROPRIETOR, M/S. TIMBER GLASS HOUSE, KOMAROTH HOUSE, AZAD ROAD, KALOOR, ERNAKULAM, PIN - 682017

2 SHAINA SHAJAN AGED 54 YEARS W/O. K.R. SHAJAN JOSEPH, KOMAROTH HOUSE, AZAD ROAD, KALOOR, ERNAKULAM, PIN - 682017 BY ADVS.

V.K.PEERMOHAMED KHAN GIRISH KUMAR V.C RESPONDENT/S:

1 INDIAN OVERSEAS BANK REP. BY ITS BRANCH MANAGER, ERNAKULAM BRANCH, THEKKEKKARA MANSION, FIRST FLOOR, M.G. ROAD, ERNAKULAM, PIN - 682035

2 THE AUTHORISED OFFICER INDIAN OVERSEAS BANK, ERNAKULAM BRANCH, THEKKEKKARA MANSION, FIRST FLOOR, M.G. ROAD, ERNAKULAM, PIN - 682035

3 SHAJI PETER KATTASSERIL KATTASSERY HOUSE, PONEKARA, EDAPPALLY S.O, ERNAKULAM, KOCHI, PIN - 682024 OTHER PRESENT:

SRI.P.B. KRISHNAN-SR SRI. SUNIL SHANKAR-SC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON

06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The present writ petition has been filed for the following reliefs:-

1). Call for the files leading to Exhibit-P1 S.A. and the proceedings as per Ext-P.4 to P.6 and quash Ext-P.4, P.5 and P.6;

2). Issue appropriate orders on original petition, order or direction to quash Ext-P.4 to P.6 proceedings in SA No. 244/2021 on the files of Debts Recovery Tribunal-I, Ernakulam and to direct the Debts Recovery Tribunal-I, Ernakulum to re-open the matter as per Ext-P7 petition and to pass final orders in the SA only after hearing the case of the petitioners by affording opportunity to make reply arguments in accordance with law within the time as framed by this Honourable Court;

3). Pass such other order or direction which this Honorable court deem fit and proper to grant in the circumstances of the case along with costs of the proceedings;

4). Allow this Original Petition with costs.

2. Arguments had been heard in S.A No.244 of 2021and it is listed today for orders.

3. The learned counsel for the petitioners submits that the petitioners need

15 minutes time to advance some further arguments as some new documents have been placed on record by the Bank.

4. Considering the limited prayer made, this writ petition is disposed of directing the Debts Recovery Tribunal Ernakulam – I to allow the applicants in S.A No.244 of 2021 to make further arguments not exceeding 30 minutes. After hearing the petitioners for a maximum period of 30 minutes today, the Tribunal may pronounce the order.

Sd/-

DINESH KUMAR SINGH JUDGE Sru APPENDIX OF OP (DRT) 277/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AMENDED SECURITIZATION APPLICATION FILED ON 09.02.2024 IN SA NO.

244/2021 BEFORE THE DEBT RECOVERY TRIBUNAL-I, ERNAKULAM WITHOUT ANNEXURES Exhibit P2 TRUE COPY OF THE PETITION FILED BY THE RESPONDENT BANK TO ACCEPT ADDITIONAL DOCUMENT DATED

03.07.2024 Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS HEREIN IN IA NO: 2440/ 2024 IN SA NO:

244/2021 DATED 08.07.2024 Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 19.07.2024 OF THE HHONORABLE DRT-I, ERNAKULAM IN SA NO:

244/2021 Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 05.08.2024 OF THE HONORABLE DRT-I, ERNAKULAM IN SA NO: 244/2021 Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 19.08.2024 OF DRT-I, ERNAKULAM IN SA NO: 244/2021 Exhibit P7 TRUE COPY OF THE PETITION DATED 03.09.2024 FOR RE-OPEN THE CASE FILED AS PER DIARY NO: 3509/2024 BEFORE THE DRT-I, ERNAKULAM Exhibit P8 TRUE COPY OF THE MEMO DATED 12.08.2024 FILED BY THE RESPONDENT BANK BEFORE THE DRT-I, ERNAKULAM IN SA NO: 244/2021

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