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2022 Supreme(Online)(KER) 48129
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 19TH DAY OF JULY 2022 / 28TH ASHADHA, 1944 WP(C) NO. 80 OF 2022 PETITIONER:
JOSE P.U.
AGED 48 YEARS, S/O. VARKEY ULHANNAN, PARAKUZHIYIL HOUSE, PIRAMADOM P.O., MUVATTUPUZHA, ERNAKULAM-686667.
BY ADVS.
P.SHRIHARI MARY NITHIYA K.J RESPONDENTS:
1 AUTHORISED OFFICER MUVATTUPUZHA URBAN CO-OPERATIVE BANK LTD.556, COURT ROAD, KACHERITHAZHAM, MUVATTUPUZHA, ERNAKULAM-686661.
2 MUVATTUPUZHA URBAN CO-OPERATIVE BANK LTD. 556, KSRTC JUNCTION, THOTTUMKALPEEDIKA, MUVATTUPUZHA, ERNAKULAM-686661, REPRESENTED BY ITS BRANCH MANAGER.
BY ADV SRI.SAJEEV KUMAR K., SC, MUVATTUPUZHA URBAN CO-
OPERATIVE BANK LIMITED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['P SHRIHARI', '', 'MARY NITHIYA K J', 'SRI SAJEEV KUMAR K', 'SC', 'MUVATTUPUZHA URBAN CO-OPERATIVE BANK LIMITED']
J U D G M E N T
When this matter is taken up for consideration today, it is the submission of the learned counsel for the petitioner that the petitioner has filed S.A. No.5/2022 before the Debts Recovery Tribunal, Ernakulam and the same is listed for consideration on 19-10-2022. It is pointed out that this court while admitting the above writ petition had passed the following interim order.
“Sri. Sajeev Kumar K.Gopal, the learned counsel takes notice for respondents.
I am prima facie satisfied that there is a mistake in the application filed before the Judicial Magistrate as is evident from Ext.P4.
Apart from the above, the learned counsel for the petitioner brings to my notice a further mistake in the name of the village shown in Ext.P7 sale notice.
Accordingly, there will be an interim stay of Ext.P7 as well as dispossession of the petitioner, for a period of three months from today.”
2. The learned counsel appearing for the respondent bank states that since the petitioner has already approached the Tribunal it is improper to seek the interference of this court under Article 226 of the Constitution of India and it is for the petitioner to pursue his remedies before the Tribunal.
3. Having regard to the facts and circumstances of the case and taking into consideration of the contents of the interim order dated 05-01-2022, this writ petition is disposed of permitting the petitioner to raise all contentions before the Tribunal in S.A. No.5/2022. The interim order dated 05-01-2022 staying sale of the secured asset and physical dispossession of the petitioner shall continue till 19-10-
2022, on which date S.A. No.5/2022 is listed for consideration before the Tribunal.
Sd/-
GOPINATH P.
JUDGE
APPENDIX OF WP(C) 80/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF GUARANTEE LETTER AND DEMAND PROMISORY NOTE DATED 22.2.2014.
Exhibit P2 TRUE COPY OF DEMAND NOTICE DATED 14.7.2016.
Exhibit P3 TRUE COPY OF M.C.NO.337/2021 ON THE FILE OF CJM COURT, ERNAKULAM.
Exhibit P4 TRUE COPY OF AFFIDAVIT FILED IN M.C.NO.337/2021 ON THE FILE OF CJM COURT, ERNAKULAM.
Exhibit P5 TRUE COPY OF ORDER DATED 7.12.2021 IN M.C.NO.337/2021 PASSED BY THE CJM COURT. ERNAKULAM.
Exhibit P6 TRUE COPY OF NOTICE DATED 16.12.2021 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C.NO.337/2021 ON THE FILE OF CJM COURT, ERNAKULAM.
Exhibit P7 TRUE COPY OF SALE NOTICE DATED 5.12.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF PHOTOGRAPHS.
series Exhibit P9 TRUE COPY OF FAIR VALUE OF THE LAND PUBLISHED IN GAZETTE.
Exhibit P10 TRUE COPY OF S.A.NO....../12 WITH ID.NO.34/22 DATED
3.1.2022 ON THE FILE OF DRT-I, ERNAKULAM.
Exhibit P11 TRUE COPY OF I.A. FOR STAY WITH ID.NO.37/22 DATED
3.1.2022 FILED IN S.A.NO......./2022 ON THE FILE OF DRT-I, ERNAKULAM.
Exhibit P12 TRUE COPY OF I.A. FOR EARLY HEARING WITH ID NO.36/22 DATED 3.1.2022 FILED IN S.A.NO......../2022 ON THE FILE OF DRT-I, ERNAKULAM.
Exhibit P13 TRUE PRINT OUT OF THE INTERIM ORDER DATED 16.12.2021 IN SLP(C) NO.10911/2021.
