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2025 Supreme(Online)(Ker) 57931

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
GOVINDANKUTTY. E.P – Appellant
Versus
SOUTH INDIAN BANK LTD – Respondent
OP (DRT) NO. 431 OF 2025 | SA NO.515 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.YADHU KUMAR, SHRI.P.BABU KUMAR, SMT.SIMMY JOSEPH
For the Respondents: SC SRI. SUNIL SHANKER

Court may defer possession of secured assets to allow petitioners to seek judicial remedy.

Headnote:In the OP (DRT), the petitioners sought to set aside the order dated 10.12.2025 and reconsider the application for Advocate Commissioner. The court identified five secure assets and deferred possession of properties for two weeks for the petitioners to approach the DRAT. Orders were made to facilitate the case following appropriate legal procedures. The OP(DRT) is disposed of as above.

Table of Content
1. petitioners seek relief from adverse actions and reconsideration. (Para 1 , 2)
2. court allows time for petitioners to approach drat. (Para 3)

JUDGMENT

Dated this the 19th day of December, 2025 The prayers in the OP(DRT) are as follows;

“(i) Call for the records relating to S.A. No. 515/2025 and the interlocutory applications disposed of by the Debts Recovery Tribunal–I, Ernakulam;

(ii) Set aside Exhibits P5 order dated 10.12.2025 passed by the Debts Recovery Tribunal–I, Ernakulam;

(iii) Direct the Tribunal to reconsider the application for appointment of Advocate Commissioner afresh in accordance with law;

(iv) Grant an interim stay of all further SARFAESI proceedings pursuant to SA no. 515/2025 of DRT1 Ernakulam, pending disposal of this Original Petition;

(v) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the interests of justice (vi) Petitioners may be exempted for the time being from filing the English translation of documents that are in vernacular language”.

2. If the petitioner has filed an application to get the certified copy of the impugned order the same shall be issued at the earliest.

3. The learned counsel for the respondent submits that there are five secure assets, out of which the 7 cents of property in which the residential house is taken physical possession today. Therefore, I deem it appropriate to defer the taking of physical possession of other property for a period of two weeks to enable the petitioner to approach the DRAT.

The OP(DRT) is disposed of as above.

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