Kerala High Court
OP (DRT)/73/2025 of ZENITH TRADERS, Vs THE AUTHORIZED OFFICER, on 4 April 2025
O.P (DRT) No.73/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP (DRT) NO. 73 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN SA NO.912 OF 2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947
OP (DRT) NO. 73 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN SA NO.912 OF 2024 OF DEBT
RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/S:
ZENITH TRADERS,
MELATTUR ROAD, PANDIKKAD POST, MALAPPURAM DISTRICT, REPRESENTED BY ITS PROPRIETOR, MOHAMMED SHABEER, AGED
50, S/O. MOHAMMED BIN MOHAMMED, PARAVETTI HOUSE, KAMANAM, THUVVUR, MALAPPURAM, PIN - 679327
BY ADVS.
V.PHILIP MATHEWS
ATHULYA SEBASTIAN
RESPONDENT/S:
THE AUTHORIZED OFFICER,
THE URBAN CO-OPERATIVE BANK LTD., NO.1758, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322
THE URBAN CO-OPERATIVE BANK LTD. NO.1758, P.B.NO.10, URBAN BANK BUILDING, PATTAMBI ROAD P.O., PERINTHALMANNA, MALAPPURAM DISTRICT REPRESENTED BY ITS
AUTHORISED OFFICER, PIN - 679322
BY ADVS.
JAYASREE K.P.
JOHN JOSEPH(K/000875/2019)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
This original petition has been filed seeking the following reliefs: “(i) Issue a direction to the Debts recovery tribunal 1, Ernakulam to issue certified copy of I.A No. 4436/2024 in S. A. No. 912 / 2024 on the file of the Debts Recovery Tribunal-I, Ernakulam;
(ii) Pass appropriate order directing Respondents not to take any proceedings based on Exhibit P1 Order in MC No.984/2024 passed by Chief Judicial Magistrate Court, Manjeri till disposal of Exhibit P3 SA No. 912/2024 pending before DRT-1, Ernakulam.
(iii) Pass an Order declaring that Petitioner is not liable to be dispossessed on the basis of Exhibit P1 till final disposal of Exhibit P3 S.A No.912/2024 on the file of DRT-1, Ernakulam.”
2. The learned counsel for the respondent bank submits that the Debts Recovery Tribunal-I, Ernakulam (DRT-I) has passed a detailed order on I.A. No.4436/2024 in S.A. No.912/2024 and the same is placed on record along with a memo dated 11-03-2025 before this court. It is submitted that if the petitioner is in any way aggrieved by the order on I.A. No.4436/2025 it is for the petitioner to challenge the same before the Debts Recovery Appellate Tribunal. It is submitted that the securitization application is posted for hearing on 07-05-2025 and the bank has already filed its written statement in the securitization application
3. The learned counsel for he petitioner submits that the petitioner has complied with the condition imposed by this court in the interim order dated 20-03-2025 and therefore this court may direct that the petitioner will continue to enjoy the protection of the interim order till the disposal of S.A No.912/2024.
4. The learned counsel for the respondent bank submits that the total liability as on today is Rs.83,20,501/- after giving credit to the amount paid by the petitioner pursuant to the interim order dated 20-03-2025. It is submitted that if this court is inclined to extend the interim protection granted to the petitioner, the petitioner may be required to pay substantial amounts to the loan liability.
5. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, this writ petition will stand disposed of directing that if the petitioner pays an amount of Rs.10,00,000/- on or before 30-04-2025 and a further sum of Rs.5,00,000/- on or before 09-05-2025 status-quo as on today shall be maintained till the final disposal of S.A No.912/2024 pending before the DRT-I. Since all the pleadings in the S.A No.912/2024 have been completed and since the securitization application is posted for final hearing on 07-05-2025, it is also directed that the DRT-I shall endeavour to pass final orders on S.A No.912/2024 within a period of 3 months from 07-05-2025. Original petition is disposed of. Sd/- GOPINATH P. JUDGE AMG
APPENDIX OF OP (DRT) 73/2025 PETITIONER EXHIBITS Exhibit P 1 TRUE COPY OF THE ORDER DATED 05-10-2024 IN M.C. NO 984/24 BY THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI Exhibit P 2 TRUE COPY OF THE ORDER DATED 1-08-2024 IN SA 286/2024 PASSED BY DRT -1, ERNAKULAM Exhibit P 3 TRUE COPY OF SA NO 912/24 FILED BY PETITIONER BEFORE DRT -1, ERNAKULAM WITHOUT THE PHOTOGRAPHS Exhibit P 4 TRUE COPY I.A. NO 4436/2024 IN SA NO 912/24 FILED BY PETITIONER BEFORE DRT -1 ,ERNAKULAM Exhibit P 5 TRUE COPY PROCEEDING OF DRT -1, ERNAKULAM DATED 12-12-2024 IN SA NO.912/2024 (I.A 4436/2024) Exhibit P 6 TRUE COPY OF THE JUDGMENT DATED 27-01-2025 IN OP (DRT)NO.403/2024 PASSED BY HONOURABLE HIGH COURT OF KERALA Exhibit P 7 TRUE COPY PROCEEDINGS OF DRT -1, ERNAKULAM DATED 17-2-2025 IN SA NO.912/2024 (I.A 4436/2024) DOWNLOADED FROM THE WEBSITE OF DRT-
Exhibit P 8 TRUE COPY OF NOTICE DATED 22-02- 2025 FROM THE ADVOCATE COMMISSIONER IN MC NO 984/24 STATING THAT PETITIONER WILL BE DISPOSSESSED ON 01-03-
RESPONDENT ANNEXURES Document No.1 True copy of the order dated 17.02.2025 in IA No 4436/2024 passed by the Honourable Debt Recovery Tribunal-I in SA No 912 of 2024 Exhibit R1(a) A true copy of the Written Statement filed by the respondents in SA 912 of 2024 before the Honourable Debt Recovery Tribunal-1 Ernakulam
Exhibit R1(b) A true copy of the Counter filed by the respondents in Exhibit P4 IA Exhibit R1(c) A true copy of the order dated 11.02.2025 passed by the Honourable Debt Recovery Tribunal in IA No 4436 of 2024 in SA No 912 of