BY AD v. SRI.JACOB P.ALEX

BY ADVS. SRI.JITHESH MENON, SC SRI.S.SANTHOSH KUMAR SMT.BABY SUJATHA O.P.(C) No.207/23 -:2:- THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

22.12.2023, THE COURT ON 04.01.2024 DELIVERED THE FOLLOWING: O.P.(C) No.207/23 -:3:- BECHU KURIAN THOMAS, J. -------------------------------- O.P.(C) No.207 of 2023 --------------------------------- Dated this the 4th day of January, 2024 JUDGMENT The original petition seeks for a direction to the Sub Court, Pathanamthitta to conclude the proceedings in E.P. No.28/2016 in O.S. No.30/2015 on the files of the Sub Court, Pathanamthitta in a time bound manner. Another relief sought for is to set aside Ext.P13 order dated 22.10.2022 in the aforesaid execution petition.

2. Petitioner is the decree holder in O.S. No.30/2015 before the Sub Court, Pathanamthitta. He had filed E.P. No.28/2016 to execute the decree dated 30.01.2016. An auction of the attached property of the judgment debtor was held on

13.09.2021 and more than Rs.53 lakhs have been deposited by the petitioner. Even the amount for the stamp paper to execute the certificate of sale has also been deposited. However, in the meantime, the judgment debtor is alleged to have, in collusion with the bank, obtained a judgment from this Court in W.P.(C) No.9297 of 2022, seeking to repay the amounts due to the bank O.P.(C) No.207/23 -:4:- in instalments. Petitioner further alleges that the execution court has practically suspended the proceedings merely because this Court had in the aforementioned writ petition stayed all coercive proceedings under the SARFAESI Act. According to the petitioner, the execution proceedings have been practically suspended without any reason and that the judgment of this Court staying coercive proceedings never intended to stay the execution proceedings.

3. I have heard the learned counsel for the petitioner as well as the learned counsel for the respondents.

4. The judgment in W.P.(C) No.9297 of 2022 dated

21.03.2022 has already been reviewed by this Court and the writ petition has been dismissed. Even in the judgment dated

21.03.2022, there was no direction to stay the execution proceedings pending before the Sub Court, Pathanamthitta. Since there was no such occasion for this Court to consider the existence of such a case, as it was not brought to the notice of this Court, the execution court need not have kept the execution proceedings suspended in purported compliance with the direction of this Court.

5. However since the said judgment has already been O.P.(C) No.207/23 -:5:- reviewed and recalled and the writ petition was dismissed, the execution court will be at liberty to continue with the execution proceedings and the same shall be completed without further delay. To fix a time limit for an execution case is however not appropriate and the time-lines within which the execution proceedings ought to be disposed of should be left to the discretion of the learned Judge. Notwithstanding the above, since a large amount of money has already been deposited by the petitioner before this Court, it would be appropriate that necessary steps are adopted, to dispose the execution petition in a time-bound manner. But as mentioned earlier, it should be left to the discretion of the executing court itself. Leaving the liberty of disposing of the case in an expeditious and time bound manner to the executing court, this original petition is disposed of directing the executing court to consider and dispose of the execution petition and all applications thereto without unnecessary delay. BECHU KURIAN THOMAS JUDGE Sd/- O.P.(C) No.207/23 -:6:- APPENDIX PETITIONER'S/S' EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P6(a) EXHIBIT P7 EXHIBIT P7(a) TRUE COPY OF THE DECREE DATED 30.01.2016 IN OS NO.13/2015 BEFORE THE SUB COURT, PATHANAMTHITTA TRUE COPY OF THE EXECUTION PETITION FILED BY THE PETITIONER AS E.P. NO. 28 OF 2016 IN OS NO.13/2015 BEFORE THE SUB COURT, PATHANAMTHITTA TRUE COPY OF THE APPLICATION DATED 07.09.2021 FILED ON BEHALF OF THE 2ND RESPONDENT BANK AS EA NO. 138 OF 2021 IN E.P. NO. 28 OF 2016 IN OS NO.13/2015 BEFORE THE SUB COURT, PATHANAMTHITTA TRUE COPY OF THE OBJECTION DATED 11.09.2021 FILED BY THE DECREE HOLDER IN EA NO. 138 OF 2021 IN E.P. NO. 28 OF 2016 IN OS NO.13/2015 BEFORE THE SUB COURT, PATHANAMTHITTA TRUE COPY OF THE ORDER DATED 13.09.2021 IN E.P. NO. 28 OF 2016 IN OS NO.13/2015 BEFORE THE SUB COURT, PATHANAMTHITTA TRUE COPY OF THE RECEIPT NO. 15/21-22 DATED 13.09.2021 IN EP NO. 28 OF 2016 TRUE COPY OF THE MEMO DATED 13.09.2021 SUBMITTED BY THE DECREE HOLDER IN EP NO. 28 OF 2016 TRUE COPY OF THE RECEIPT NO. 17/21-22 DATED 25.09.2021 IN EP NO. 28 OF 2016 TRUE COPY OF THE MEMO DATED 25.09.2021 SUBMITTED BY THE DECREE HOLDER IN EP NO. 28 OF 2016 EXHIBIT P8 TRUE COPY OF THE RECEIPT NO. 18/21-22 DATED 25.09.2021 IN EP NO. 28 OF 2016 O.P.(C) No.207/23 -:7:- EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED 12.11.2021 FILED ON BEHALF OF THE BANK AS EA NO. 232 OF 2021 IN E.P. NO. 28 OF 2016 IN OS NO.13/2015 BEFORE THE SUB COURT, PATHANAMTHITTA TRUE COPY OF THE OBJECTION DATED 08.12.2021 SUBMITTED BY THE DECREE HOLDER IN EA NO. 232 OF 2021 IN E.P. NO. 28 OF 2016 IN OS NO.13/2015 BEFORE THE SUB COURT, PATHANAMTHITTA TRUE COPY OF THE NOTICE DATED 10.12.2021 ISSUED BY THE 2ND RESPONDENT INVOKING S.13(2) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (SARFAESI ACT TRUE COPY OF THE JUDGMENT DATED 21.03.2022 IN WP(C) NO. 9297 OF 2022 TRUE COPY OF THE ORDER DATED 22.10.2022 IN EP NO. 28 OF 2016 IN OS NO.13/2015 BEFORE THE SUB COURT, PATHANAMTHITTA