Kerala High Court
OP (DRT)/121/2025 of V. INDRAPALAN, Vs STATE BANK OF INDIA, on 4 April 2025
121 OF 2025 1 2025:KER:30569 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. 121 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 03.03.2025 IN SA NO.347 OF 2024 OF DEBT RECOVERY TRIBUNAL,
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. 121 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 03.03.2025 IN SA NO.347 OF
2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/S:
V. INDRAPALAN,
AGED 62 YEARS
S/O. LATE A.C.VASUDEVAN, PROPRIETOR, A.C.VASUDEVAN SON, 27/176, MELAMURI, BIG BAZAR, PALAKKAD, RESIDING AT
29/341, INDRAPRASAD, MOOTHANTHARA KOPPAM AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678012
BY ADVS.
VARGHESE C.KURIAKOSE
AMRITHA.J
KURUVILLA MATHEW
VIPIN C. VARGHESE
RESPONDENT/S:
STATE BANK OF INDIA,
PALAKKAD TOWN BRANCH, (MARKET ROAD BRANCH), PALAKKAD, REPRESENTED BY ITS CHIEF MANAGER., PIN - 678014
THE AUTHORISED OFFICER,
STATE BANK OF INDIA, RETAIL ASSET SMALL AND MEDIUM
ENTERPRISES CENTRE, SBI BUILDING ENGLISH CHURCH ROAD, PALAKKAD, PIN - 678001
SRI. JAYESH MOHANKUMAR, SC
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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JUDGMENT
The petitioner has approached this Court essentially seeking extension of time to comply with the condition imposed in Ext.P8 interim order of the Debts Recovery Tribunal-I Ernakulam in SA No.347/2024. By that order, the petitioner was granted a stay subject to condition that the petitioner would remit a sum of Rs.5,00,000/- by 28.03.2025 and a further sum of Rs.5,00,000/- by 28.04.2025.
2. The learned counsel appearing for the petitioner submits that on account of certain unforeseen circumstances, the petitioner was not able to pay the amount payable on 28.03.2025 and some further time may be granted to the petitioner to pay the amounts in terms of the directions contained in the interim order of the Tribunal.
3. The learned counsel appearing for the respondent bank submits that the petitioner may be required to pay the entire amount payable by the petitioner in terms of Ext.P8 interim order by 28.04.2025.
4. Learned counsel appearing for the petitioner submits that the petitioner may be given some further accommodation.
5. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank and having regard to the facts and circumstances of this case, this Original Petition will stand disposed of directing that if the petitioner pays a sum of Rs.5,00,000/- by 28.04.2025 and a further amount of Rs.5,00,000/- by 15.05.2025, the same shall be treated as full compliance with the directions contained in Ext.P8 order. This Original Petition is disposed of as above. sd/- GOPINATH P. JUDGE Nsd
APPENDIX OF OP (DRT) 121/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE S.A.NO.347/2024 ON THE FILES OF DRT -I ERNAKULAM DATED 19.03.2024 WITHOUT ANNEXURES Exhibit P2 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 01.01.2024 ISSUED BY THE DEFENDANT UNDER SECTION 13(2) OF THE SARFAESI ACT Exhibit P3 TRUE PHOTOSTAT COPY OF THE OBJECTION DATED 28.02.2024 FILED BY THE PETITIONER Exhibit P4 TRUE PHOTOSTAT COPY OF THE REPLY DATED 05.03.2024 ISSUED BY THE RESPONDENTS Exhibit P5 TRUE PHOTOSTAT COPY OF THE POSSESSION NOTICE DATED 18.03.2024 Exhibit P6 TRUE PHOTOSTAT COPY OF THE POSSESSION NOTICE DATED 08.10.2024 Exhibit P7 TRUE PHOTOSTAT COPY OF POSSESSION NOTICE DATED 15.02.2025 ISSUED BY THE ADVOCATE COMMISSIONER IN MC NO. 65/2025 Exhibit P8 TRUE PHOTOSTAT COPY OF THE PROCEDURAL ORDER DATED 03.03.2025 PASSED BY THE DRT ERNAKULAM