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2024 Supreme(Online)(KER) 44441
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946 OP (DRT) NO. 283 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN SA NO.360 OF 2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER:
HUSSAIN.K.C ALIAS USSAIN.K.C AGED 70 YEARS S/O.ABDULLA MOULAVI, KUNNATH CHALIL HOUSE, CHANNAMANGALLUR, MUKKAM.P.O., THAZHEKODE, KOZHIKODE., PIN - 673602 BY ADVS.
ZAKEER HUSSAIN K.A.SANJEETHA RESPONDENTS:
HDFC BANK LIMITED HDFC HOUSE, P.B.NO.1667, RAVIPURAM JUNCTION, MG ROAD, KOCHI. REPRESENTED BY ITS AUTHORISED OFFICER., PIN -
682015 BY ADVS. AMBILY S RUPA R. NAIR(K/001021/2023)
RUBAN JOE TONIYO(K/002926/2022) K.K.CHANDRAN PILLAI (SR.)(C-41)
S. AMBILY-SC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The present original petition has been filed with the following prayers:-
“i) to issue appropriate direction to the Debt Recovery Tribunal- 1, Ernakulam to dispose of Exhibit.P6 Amendment Application and Exhibit.P3 SA No.360/2024 within a reasonable time frame fixed by this Hon'ble Court.
ii) to direct the respondent not to take any coercive steps to dispossess the petitioner and his family from his residential property till Exhibit.P6 Amendment Application and Exhibit. P3 SA is considered and disposed by the DRT-I, Ernakulam.
iii) to grant any other relief this Honourable Court deems fit in the nature and circumstances of the case.”
2.The Debt Recovery Tribunal, Ernakulam has passed an interim order on I.A No. 2051 of 2024 in SA No. 360/2024, filed by the petitioner, whereby the petitioner was directed to pay sum of Rs. 7,00,000/- on or before 14.06.2024 as first installment and another sum of Rs.7,00,000/- to the respondent Bank on or before 14.07.2024 as second installment.
3.Considering the submission made on behalf of the petitioner and respondent Bank, the present original petition is disposed of, with direction to the petitioner to comply with the interim order passed by the DRT and make payment of the first installment on or before
30.09.2024 and next installment on or before 30.10.2024.
In case the petitioner does not make the payment as directed above, the Debt Recovery Tribunal, Ernakulam, shall be free to pass an order as it deems fit, in accordance with the law. Further payment shall be subject to the direction issued by the Debt Recovery Tribunal, Ernakulam.
Sd/-
DINESH KUMAR SINGH JUDGE SJ APPENDIX OF OP (DRT) 283/2024 PETITIONER EXHIBITS EXHIBIT.P1 TRUE COPY OF THE DEMAND NOTICE DATED
20/11/2023 ISSUED BY THE RESPONDENT.
EXHIBIT.P2 TRUE COPY OF THE NOTICE DATED 09/04/2024 ISSUED BY THE ADVOCATE COMMISSIONER IN CMP NO.385/2024.
EXHIBIT.P3 TRUE COPY OF THE SA NO.360/2024 DATED
08/05/2024 BEFORE THE DEBT RECOVERY TRIBUNAL-
I , ERNAKULAM.
EXHIBIT.P4 TRUE COPY OF THE WRITTEN STATEMENT DATED
25/06/2024 FILED BY THE RESPONDENT IN SA NO.360/2024 .
EXHIBIT.P5 TRUE COPY OF THE ADVANCE PETITION IA NO.3252/2024 IN SA NO.360/2024 DATED
04/09/2024.
EXHIBIT.P6 TRUE COPY OF THE AMENDMENT APPLICATION IA NO.3253/2024 IN SA NO.360/2024 DATED
04/09/2024 (WITHOUT ANNEXURES).
EXHIBIT.P7 TRUE COPY OF THE PROCEEDINGS DATED 06/09/2024 IN SA NO.360/2024 OBTAINED FROM THE WEB SITE OF THE DRT-I, ERNAKULAM.
