VENU KUMAR.K v. STATE BANK OF INDIA

BY ADV SRI.S.EASWARAN THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 08.01.2024, ALONG WITH OP (DRT).63/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (DRT) Nos.3, 13 and 63 of 2021 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 OP (DRT) NO. 13 OF 2021 AGAINST THE ORDER/JUDGMENT SA 1/2021 OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM PETITIONERS: 1 2 VENU KUMAR.K, AGED 59 YEARS S/O. P.S.KESAVAN NAMBOOTHIRI, NO.103, RAMYA REGENCY, F4 CROSS 10TH MAIN, JEEVAN BIMA NAGAR, BENGALURU-560075. ABHA THANGOOR VASUDEVAN, AGED 54 YEARS W/O. VENUKUMAR K., NO.103, RAMYA REGENCY, F4 CROSS 10TH MAIN, JEEVAN BIMA NAGAR, BENGALURU-560075. BY ADV P.SHRIHARI RESPONDENT: STATE BANK OF INDIA STRESSED ASSETS RECOVERY BRANCH, LMS COMPOUND, OPP. MUSEUM WEST GATE, VIKAS BHAVAN P.O.,THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS BRANCH MANAGER. THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 08.01.2024, ALONG WITH OP (DRT).63/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (DRT) Nos.3, 13 and 63 of 2021 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 OP (DRT) NO. 63 OF 2021 AGAINST THE ORDER/JUDGMENT SA 1/2021 OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM PETITIONERS: 1 2 VENUKUMAR K., AGED 59 YEARS S/O.P. S. KESAVAN NAMBOOTHIRI, NO.103, RAMYA REGENCY, F4 CROSS 10TH MAIN, JEEVAN BIMA NAGAR, BENGALURU - 560 075. ABHA THANGOOR VASUDEVAN, AGED 54 YEARS W/O. VENUKUMAR K., NO.103, RAMYA REGENCY, F4 CROSS 10TH MAIN, JEEVAN BIMA NAGAR, BENGALURU - 560 075. BY ADV P.SHRIHARI(S-432) RESPONDENTS: 1 2 STATE BANK OF INDIA STRESSED ASSETS RECOVERY BRANCH, LMS COMPOUND, OPP. MUSEUM WEST GATE, VIKAS BHAVAN P. O., THIRUVANANTHAPURAM-695O33., REPRESENTED BY ITS BRANCH MANAGER. KORI SANJAY KUMAR GURUDIN S/O. KORI GURUDIN, AL/P/401, RIVER VIEW ENACLAVE, ALAKANANDA APARTMENTS, SECTOR - 4, GOMTI NAGAR EXTENSION, GOMTI NAGAR, LUCKNOW, UTTAR PRADESH - 226010, CURRENTLY RESIDING AT - VILLA NO.2, BHAKTHIVILASAM IPS QUARTERS, DPI JUNCTION, VAZHUTHACAUD, TRIVANDRUM - 695 014. OP (DRT) Nos.3, 13 and 63 of 2021 4 BY ADVS. SRI.S.EASWARAN SUMAN CHAKRAVARTHY THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 08.01.2024, ALONG WITH OP (DRT).3/2021, 13/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (DRT) Nos.3, 13 and 63 of 2021 5 JUDGMENT Dated this the 8th day of January, 2024 All these Original Petitions are filed by the same petitioners seeking various reliefs relating SA Nos.461/2018 and 1/2021 filed by the petitioners before the Debts Recovery Tribunal-2, Ernakulam.

2. OP(DRT) No.3 of 2021 has been filed by the petitioners seeking for a joint trial of SA Nos.461/2018 and 1/2021. It is submitted by the Standing Counsel appearing for the Bank that SA No.1/2021 has been finally heard and reserved for orders. However, this Court in OP(DRT) No.13/2021 directed the Debts Recovery Tribunal not to pass final orders in the matter. It is further submitted that pending this OP(DRT), there was change in the Presiding Officer.

3. OP (DRT) No.13/2021 has been filed by the petitioners seeking assistance of Advocate Commissioner for OP (DRT) Nos.3, 13 and 63 of 2021 valuation of the secured asset. 6

4. OP (DRT) No.63/2021 has been filed by the petitioners seeking for an injunction against the auction purchaser and for appointment of an Expert Commissioner.

5. It is seen from the pleadings in the Original Petitions that these petitions were filed at a time when there was no continuous / regular sitting of Debts Recovery Tribunal concerned. It is now submitted that SA Nos.461/2018 and 1/2021 stand posted to 12.02.2024 for hearing before the Debts Recovery Tribunal.

6. The auction purchaser submits that the property has already been given possession to the auction purchaser and he has been in absolute possession for more than 1½ years.

7. In the facts of the case, it would be only appropriate for the petitioners to urge the Debts Recovery Tribunal to hear OP (DRT) Nos.3, 13 and 63 of 2021 7 the Securitisation Applications jointly and also to press for other interim reliefs sought for by the petitioners. The petitioners have sought to implead the auction purchaser, though steps have not been taken for issuance of process.

8. In the circumstances, these Original Petitions are disposed of with the following directions: (i) The petitioners shall serve copies of SA Nos.461/2018 and 1/2021 on the counsel appearing for the auction purchaser. (ii) As there is change in the Presiding Officer of the Debts Recovery Tribunal, the petitioners may urge the Debts Recovery Tribunal to hear SA Nos.461/2018 and 1/2021 when the matters will be taken up on 12.02.2024. (iii) The petitioners will be at liberty to prosecute their Interim Applications for appointment of OP (DRT) Nos.3, 13 and 63 of 2021 8 Advocate Commissioner for valuation and for injunction against the auction purchaser in accordance with law. Sd/- N.NAGARESH JUDGE OP (DRT) Nos.3, 13 and 63 of 2021 9 APPENDIX OF OP (DRT) 3/2021 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 TRUE COPY OF S.A.NO.461 OF 2018 ON THE FILES OF DRT-II, ERNAKULAM. TRUE COPY OF S.A.NO.1 OF 2021 ON THE FILES OF DRT-II, ERNAKULAM. OP (DRT) Nos.3, 13 and 63 of 2021 10 APPENDIX OF OP (DRT) 13/2021 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 TRUE COPY OF S.A.NO.1 OF 2021 ON THE FILES OF DRT-II, ERNAKULAM. TRUE COPY OF APPLICATION TO APPOINT AN EXPERT COMMISSIONER. TRUE COPY OF VALUATION REPORT PREPARED BY AN EXPERT ENGINEER. TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE BANK TO EXHIBIT P2. TRUE COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN OP(DRT)NO.1 OF 2021 DATED 7.1.2021. OP (DRT) Nos.3, 13 and 63 of 2021 11 APPENDIX OF OP (DRT) 63/2021 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 TRUE COPY OF S.A.NO.1 OF 2021 ON THE FILES OF DRT-II, ERNAKULAM. TRUE COPY OF I.A.NO.19 OF 2021 IN S.A.NO.1 OF 2021 ON THE FILES OF DEBT RECOVERY TRIBUNAL-2, ERNAKULAM. TRUE COPY OF JUDGMENT DATED 07.01.2021 IN OP(DRT) NO.1 OF 2021. TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE RESPONDENT TO EXHIBIT P2. TRUE COPY OF APPLICATION TO APPOINT AN EXPERT COMMISSIONER. TRUE COPY OF VALUATION REPORT PREPARED BY EXPERT ENGINEER. TRUE COPY OF ORDER DATED 05.02.21 PASSED BY THE DEBT RECOVERY TRIBUNAL- 2, EKM IN I.A. NO.19 OF 2021 IN S.A.NO.1 OF 2021. TRUE COPY OF APPLICATION TO AMEND THE SA (UNNUMBERED). TRUE COPY OF APPLICATION TO IMPLEAD 2ND RESPONDENT HEREIN AS ADDITIONAL DEFENDANT. TRUE COPY OF APPLICATION FOR INJUNCTION AGAINST THE 2ND RESPONDENT. SECTION 13(2) NOTICE ISSUED BY THE 1ST RESPONDENT DATED 15.06.2011 POSSESSION NOTICE ISSUED BY THE 1ST RESPONDENT DATED 02.11.2012 S.14 PETITION FILED BY THE 1ST RESPONDENT DATED 30.09.2015 NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 10.10.2018 OP (DRT) Nos.3, 13 and 63 of 2021 RESPONDENT EXHIBITS 12 Exhibit R1(a) Exhibit R1(b) Exhibit R1(c) Exhibit R1(d) TRUE COPY OF IA 93 OF 2021 IN SA 1 OF 2021. TRUE COPY OF THE EXTRACT OF THE A DIARY PROCEEDINGS AS OBTAINED FROM THE WEBSITE OF THE TRIBUNAL. TRUE COPY OF THE EXTRACT OF THE A DIARY PROCEEDINGS OF THE TRIBUNAL ON 22/01/2021. TRUE COPY OF THE EXTRACT OF THE A DIARY PROCEEDINGS IN SA 1 OF 2021 ON 25/01/2021.