Kerala High Court
OP (DRT)/117/2025 of SASIDHARAN K.K. Vs THE PUNJAB NATIONAL BANK on 2 April 2025
O.P (DRT) No.117/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 OP (DRT) NO. 117 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN SA NO.5964 OF 2025 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
OP (DRT) NO. 117 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN SA NO.5964 OF 2025 OF
DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/S:
SASIDHARAN K.K.
AGED 57 YEARS
S/O UNNI, AGED 57 YEARS, RESIDING AT KATTIKOLOTH HOUSE, KUDAJADRI, CHETTIPADI P.O., PARAPPANANGADI, MALAPPURAM
DT, PIN - 676319
BY ADVS.
T.K.AJITH KUMAR
REMYA VARMA N.K
RESPONDENT/S:
THE PUNJAB NATIONAL BANK
CIRCLE SASTRA CENTRE, SHATHABDI BHAVAN, MINI BY PASS
ROAD, GOVINDAPURAM, KOZHIKODE DT, REPRESENTED BY ITS
AUTHORIZED OFFICER., PIN - 673016
THE DEBT RECOVERTY TRIUNAL-1, ERNAKULAM
HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KADAVANTHRA
PO, ERNAKULAM. REPRESENTED BY ITS REGISTRAR., PIN - 682020
SRI. SANTHEEP ANKARATH, SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
The petitioner has approached this court being apprehending that sale of the property of the petitioner will be conducted before the Tribunal considers stay petition filed by the petitioner (Securitization Application bearing filing No.5964/2024) pending before the Debts Recovery Tribunal-I, Ernakulam. It is submitted that the sale was scheduled to be held on 28-03- 2025.
2. The learned counsel for the respondent bank submits that the securitization application along with stay petition are listed for consideration on 04-04-2025 according to the pleadings in the original petition. It is submitted that no sale took place on 28-03-2025 for want of bidders and therefore the petitioner can seek appropriate orders in the stay petition pending before the Tribunal.
3. Having heard the learned counsel for the petitioner and the learned counsel for the respondent bank, I am of the opinion that in the above facts and circumstances of the case and since no sale took place on 28-03-2025, no further orders are necessary in this original petition and it is for the petitioner to seek appropriate orders from the Tribunal in the interlocutory application filed in Securitization Application bearing filing No.5964/2024. Original petition is disposed of. Sd/- GOPINATH P. JUDGE AMG
APPENDIX OF OP (DRT) 117/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 18.02.2025 ISSUED BY THE 1ST RESPONDENT BANK . Exhibit P2 TRUE COPY OF THE SECURITIZATION APPLICATION DATED 18.03.2025, WITH THE FILING NUMBER 5964/ 2025. Exhibit P3 TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXHIBIT P2 SECURITIZATION APPLICATION DATED 18.03.2025 WITH FILING NUMBER 5966/2025.