Kerala High Court
OP (DRT)/103/2025 of M/S. VINTAJE PACKS, Vs THE STATE BANK OF INDIA, on 3 April 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 OP (DRT) NO. 103 OF 2025 IN SA NO.763 OF 2024 OF DEBT RECOVERY TRIBUNAL- II, ERNAKULAM PETITIONER/APPLICANT IN SA: M/S. VINTAJE PACKS, HAVING
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
OP (DRT) NO. 103 OF 2025
IN SA NO.763 OF 2024 OF DEBT RECOVERY TRIBUNAL- II, ERNAKULAM
PETITIONER/APPLICANT IN SA:
M/S. VINTAJE PACKS,
HAVING ITS OFFICE AT NO. XII/146C,
PUTHUVELI (POST), VELIYANNOR, RAMAPURAM, MONIPALLY, KOTTAYAM, PIN – 686 636, REPRESENTED BY ITS MANAGING PARTNER AJITH P. JOY.
BY ADV JESWIN P.VARGHESE
RESPONDENTS/RESPONDENTS IN SA:
THE STATE BANK OF INDIA,
REPRESENTED BY THE AUTHORIZED OFFICER,
SME BRANCH, THAZHATHE PARAMBIL SHOPPING COMPLEX, MANAKKAD ROAD, THODUPUZHA (POST), IDUKKI DISTRICT, PIN – 685 584.
THE AUTHORIZED OFFICER / CHIEF MANAGER,
STATE BANK OF INDIA, SME BRANCH,
THAZHATHE PARAMBIL SHOPPING COMPLEX,
MANAKKAD ROAD, THODUPUZHA (POST),
IDUKKI DISTRICT, PIN – 685 584.
THE BRANCH MANAGER,
STATE BANK OF INDIA, SME BRANCH,
THAZHATHE PARAMBIL SHOPPING COMPLEX,
MANAKKAD ROAD, THODUPUZHA (POST),
IDUKKI DISTRICT, PIN – 685 584.
BY ADV AMAL GEORGE (SC)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
This original petition has been filed projecting a grievance that a Securitisation Application filed by the petitioner as S.A.No.763/2024 before the Debts Recovery Tribunal-II, Ernakulam, is being finally heard without considering Ext.P3 application filed by the petitioner for appointment of an Advocate Commissioner.
2. The learned counsel appearing for the respondent bank submits that Ext.P3 application for appointment of an Advocate Commissioner is listed for consideration on 07-04-2025. It is submitted that the grievance projected in the original petition does not subsist any longer.
3. The learned counsel appearing for the petitioner submits that the petitioner was enjoying an interim order in the Securitisation Application that has not been extended owing to the filing of this original petition and on account of the fact that this Court had granted an interim order.
Taking into consideration the submission of the learned counsel for the petitioner, it is clarified that it will be open to the petitioner to seek extension of the interim order before the Debts Recovery Tribunal-II, Ernakulam. Since it is submitted that the matter is listed on 07-04-2025, it is directed that the status quo as on today shall continue till 07-04-2025, and thereafter the parties shall be governed by the orders to be passed by the Debts Recovery Tribunal-II, Ernakulam. Original petition disposed of accordingly.
Sd/- GOPINATH P. JUDGE ats
APPENDIX OF OP (DRT) 103/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF SA NO. 763/2024 FILED BY THE PETITIONER BEFORE DRT-II, ERNAKULAM DATED 23.10.2024 Exhibit P2 A TRUE COPY OF I.A NO. 4154/2024 IN S.A NO. 763/2024 FILED BY THE PETITIONER BEFORE DRT-II, ERNAKULAM DATED 23.10.2024 Exhibit P3 A TRUE COPY OF I.A NO. 4153/2024 IN S.A NO. 763/2024 FILED BY THE PETITIONER BEFORE DRT-II, ERNAKULAM DATED 23.10.2024 Exhibit P4 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS IN SA NO. 763/2024 DATED 07.02.2025 Exhibit P5 A TRUE COPY OF THE ORDER PASSED IN WP(C) NO. 19339/2024 DATED 16.10.2024 Exhibit P6 A TRUE COPY OF THE ORDER PASSED IN I.A NO. 2/2024 IN WP(C) NO. 19339/2024 DATED 22.10.2024 Exhibit P7 A TRUE COPY OF THE JUDGMENT IN WPC(C) NO. 19339/2024 DATED 22.10.2024 Exhibit P8 A TRUE COPY OF THE BANK STATEMENT OF A/C NO. 00000039726378638 DATED 05.02.2025 Exhibit P9 A TRUE COPY OF THE BANK STATEMENT OF A/C NO. 00000040990752465 DATED 05.02.2025 Exhibit P10 A TRUE COPY OF BANK STATEMENT WITH RESPECT TO A/C NO. 00000041005154348 DATED 05.02.2025 Exhibit P11 A TRUE COPY OF THE ORDER PASSED BY DRT II, ERNAKULAM IN SA NO. 763/2024 DATED 12.03.2025 Exhibit P12 A TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER IN S.A NO. 763/2024 DATED 14.03.2025