OP (DRT)/566/2023 of PRASAD Vs CSB BANK LTD on 29 December 2023

JUDGMENT

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. It is brought to my notice that a review petition filed by the petitioner before the Debt Recovery Tribunal-2, Ernakulam as R.A.No.3/2023 in S.A.No.250/2020 (Ext.P7) stands posted for further proceedings to 16.02.2024. It appears that the recovery of the property, before the Debt Recovery Tribunal takes a decision on that review petition, may not be just and reasonable.

Therefore, there will be an interim stay of further proceedings pursuant to Ext.P9 till the review petition (Ext.P7) is disposed of by the Debt Recovery Tribunal-2, Ernakulam. In the meanwhile, the petitioner shall make every endeavour to have substantial payment of the outstanding debt.

Sd/-

mpm

G.GIRISHJUDGE

PETITIONER’S EXHIBITS

Exhibit P1

Exhibit P2

Exhibit P3

Exhibit P4

Exhibit P5

Exhibit P6

Exhibit P7

Exhibit P8

Exhibit P9

Exhibit P10

Exhibit P11

Exhibit P12

TRUE COPY OF POSSESSION NOTICE DATED 30-11-2020 ISSUED BY THE SECOND RESPONDENT. 30-11-2020 ISSUED BY THE SECOND RESPONDENT.

TRUE COPY OF THE ORDER DATED 20-12-2021 PASSED BY CHIEF JUDICIAL MAGISTRATE COURT KOLLAM IN MC 222/2021. BY CHIEF JUDICIAL MAGISTRATE COURT KOLLAM IN MC 222/2021.

TRUE COPY OF AMENDED S.A NO. 250/2020 FILED BY PETITIONER BEFORE DRT-2. PETITIONER BEFORE DRT-2.

TRUE COPY OF THE WRITTEN STATEMENT FILED BY RESPONDENTS. RESPONDENTS.

TRUE COPY OF THE NOTICE RECEIVED BY THE PETITIONER INFORMING HIM THAT S.A WOULD BE POSTED FOR CONSIDERATION IN THE ADHALATH ON 10-06-2023. PETITIONER INFORMING HIM THAT S.A WOULD BE POSTED FOR CONSIDERATION IN THE ADHALATH ON 10-06-2023.

TRUE COPY OF THE ORDER DATED 12-07-2023 PASSED BY THE DRT-2, ERNAKULAM IN S.A.NO.250/2020. TRUE COPY OF REVIEW APPLICATION NO.3/2023 FILED BY THE PETITIONER BEFORE DRT-2, ERNAKULAM. BY THE DRT-2, ERNAKULAM IN S.A.NO.250/2020. TRUE COPY OF REVIEW APPLICATION NO.3/2023 FILED BY THE PETITIONER BEFORE DRT-2, ERNAKULAM.

TRUE COPY OF THE PROCEEDINGS IN R.A. 3/2023 ON 20-12-2023 DOWNLOADED FROM WEBSITE. 20-12-2023 DOWNLOADED FROM WEBSITE.

TRUE COPY OF THE NOTICE DATED 22-12-2023 BY ASHA SURESH ADVOCATE COMMISSIONER. ASHA SURESH ADVOCATE COMMISSIONER.

TRUE COPY OF THE I.A NO.4220/2023 BEFORE THE DRT-2 ERNAKULAM ON 26-12-2023 FOR ADVANCING THE R.A. DRT-2 ERNAKULAM ON 26-12-2023 FOR ADVANCING THE R.A.

TRUE COPY OF I.A FOR STAY OF DISPOSSESSION

(NOT NUMBERED - I D NUMBER 18185).

TRUE COPY OF THE DEPOSIT PAY-IN-SLIP 27-12-2023 REGARDING PAYMENT OF RS.30 LAKHS IN CATHOLIC SYRIAN BANK LTD, PUTHIYAKAVU BRANCH, KARUNAGAPPALLY. 2023 REGARDING PAYMENT OF RS.30 LAKHS IN CATHOLIC SYRIAN BANK LTD, PUTHIYAKAVU BRANCH, KARUNAGAPPALLY.