centurion bank of punjab ltd vs MARY KURIAN on 17 September 2025

1. Centurion Bank of Punjab Ltd.,

Indian Express Building,

Kaloor, Kochi – 682 017.

…Applicant

2. HDFC Bank Ltd.,

Registered office at:

HDFC Bank House,

Senapati Bapat Marg,

Lower Parel, Mumbai – 400 013. Branch at: Thiruvananthapuram.

…2nd applicant [2nd applicant was impleaded vide order dated 16.09.2025 in IA No.1165/2008]

And

1. Mary Kurian,

W/o.Kurian E. Kalathil,

C-10, Jawahar Nagar,

Thiruvananthapuram – 695 041.

2. Kurian E.Kalathil,

T.C.No.15/1004, TRIDA,

Vazhuthacaud,

Thiruvananthapuram – 695 041.

…Defendants

This TA (OA) having been heard on 08.09.2025 and 16.09.2025 in the presence of Advocate Sri.Leo George for the applicant bank and Advocates M/s.A.V.Thomas and Nidhi Sam John for the defendants and stood over to this day for consideration, the Tribunal delivered the following: F I N A L O R D E R

This is an application filed under S.31A of the Recovery of Debts and Bankruptcy Act, 1993 for issuance of Recovery Certificate in terms of the decree dated 29.06.2006 in OS No.372/1999 of the Principal Sub Court, Thiruvananthapuram, for recovery of the amount due thereunder.

2. The erstwhile Lord Krishna Bank Ltd., which was later amalgamated with erstwhile Centurion Bank of Punjab, filed OS No.372/1999 before the Sub Court, Thiruvananthapuram for recovery of the amount due under the loan account and obtained a decree dated 29.06.2006 authorizing the plaintiff bank to realize a sum of Rs.7,66,487/- together with interest @6% per annum from the date of suit (16.09.1999) till the date of realization and costs of the suit i.e., Rs.68,894/- from the defendants and their assets jointly and severally; and the bank shall deduct the sum of Rs.1,58,962/- received from the defendants during the pendency of the suit and can only claim the balance amount from the date of payment with future interest @6% per annum for the balance amount. The counter claim raised by the defendants is failed and hence the same is dismissed.

3. While hearing, learned counsel for the defendants submitted that challenging the judgment and decree dated 29.06.2006 in OS No.372/1999, they preferred an appeal bearing RFA No.17/2007 before the Hon'ble High Court of Kerala and the Hon'ble Court allowed the same vide judgment dated 09.06.2023, which is produced along with a memo on 16.10.2024. The relevant portion of the judgment is reproduced herein below: “In the result, the appeal is allowed in part with costs. The judgment and decree to the extent it allowed the claim of the plaintiff for realization of money and passing of decree is set aside. Consequently O.S. No.372/1999 stands dismissed with costs. Counter claim also stands dismissed.”

4. In the above circumstance, as the suit itself was dismissed by the Hon'ble High Court, the instant application filed by the bank for execution of the decree dated 29.06.2006 is only to be dismissed. Accordingly, TA No.17/2017 (OA No.12/2008) stands dismissed. No order as to costs.

5. Communicate copy of this order to both parties as provided in R.16 r/w R.2(c) of the Debts Recovery Tribunal (Procedure) Rules, 1993. (Dictated to my PA, corrected and pronounced by me in the open Tribunal on this the 17th day of September, 2025)

[SOVAN KUMAR DASH] PRESIDING OFFICER

IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM

PRESENT: SRI.SOVAN KUMAR DASH PRESIDING OFFICER

Dated the 17th September, 2025

TA No.17/2017 (OA No.12/2008)

Between

Centurion Bank of Punjab Ltd., Indian Express Building, Kaloor, Kochi – 682 017 & another. …Applicant & 2nd applicant

And

Mary Kurian, W/o.Kurian E. Kalathil, C-10, Jawahar Nagar, Thiruvananthapuram – 695 041 & another.

…Defendants

F I N A L O R D E R