Sanjeev C.K. vs. Authorized Officer
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 OP (DRT) NO. 198 OF 2019 AGAINST THE ORDER/JUDGMENT IN SA 285/2019 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER: SANJEEV K.C. S/O.CHARLES, PRISM CASTING NO.7D, KOWDIAR MANOR, JAWAHAR NAGAR, TRIVANDRUM- 695003. BY ADV LIZA P.CHERIAN RESPONDENTS: 1 AUTHORIZED OFFICER CANARA BANK, 1ST FLOOR, PUKALAKKATTU LAKSHMIBHAI TOWERS, T D ROAD NORTH END ERNAKULAM 682305. *2 M/S VEERAKUMAR TEXTILES CORPORATION REPRESENTED BY D RAJKUMAR NO.8 VENKITESHAWARA INDUSTRIAL ESTATE, PKD NAGAR,COIMBATORE GST:33 BUHPD 0857 NINI *(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 22.01.2020 IN I.A. NO.1 OF 2019) BY ADVS. SRI.K.V.ANIL SMT.M.J.RAJASREE SRI.ANIRUDH KADAVIL
O.P.(DRT) No.198/19 -:2:- SMT.S.AMBILY, SC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(DRT) No.198/19 -:3:- BECHU KURIAN THOMAS, J. ----------------------------------------- O.P.(DRT) No.198 of 2019 ---------------------------------------- Dated this the 28th day of February, 2022 JUDGMENT The reliefs sought for in this original petition was for a direction to the respondent bank to defer taking coercive measures against the petitioner until appeal is filed before the Debts Recovery Tribunal against the steps initiated for enforcing the security interest.
Petitioner is the applicant in S.A. No.285 of 2019 filed before the Debts Recovery Tribunal-II, Ernakulam, challenging proceedings initiated by the bank under the SARFAESI Act. Though the Tribunal had initially granted a stay of sale of the machineries, after finally hearing the parties, the Tribunal dismissed the securitisation application. It is noticed that, in the meantime, sale of the property was scheduled again on 24.03.2021 and it is submitted by the learned counsel for the respondent bank that the sale took place and was confirmed and even registered in accordance with law.
O.P.(DRT) No.198/19 -:4:-
It is noticed that this original petition had been pending from 2019 onwards and there was no interim order in the meantime. The respondents were therefore entitled to proceed to enforce the security interest.
In view of the above submission by the learned counsel for the respondent bank that the sale had already taken place, the reliefs sought for in this original petition has become infructuous.
Accordingly the original petition is dismissed as infructuous. BECHU KURIAN THOMAS JUDGE vps
O.P.(DRT) No.198/19 -:5:- APPENDIX OF OP (DRT) 198/2019 PETITIONER'S/S' ANNEXURES ANNEXURE A1 THEOF THE FINAL ORDER IN SA 285/2019. ANNEXURE A2 THEOF THE CORRIGENDUM PUBLISHED IN NEWSPAPER DATED 21.8.2019. ANNEXURE A3 THEOF SALE NOTICE DATED 18.07.2019. RESPONDENT EXHIBITS EXHIBIT R1 AOF THE JUDGMENT OF THE HONOURABLE
HIGH
COURT
IN COC NO.2651/2019 DATED 13.01.2020.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.