LAWS(KER)-2022-12-100

XAVIERKUTTY PUTHETHU Vs. STATE BANK OF INDIA

Decided On December 20, 2022
Xavierkutty Puthethu Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) [OP (DRT) Nos.376/2022 and WP(C) NOS. 38002 and 39917 OF 2022] OP(DRT) No. 376/2022 This Original Petition is filed, challenging an interim order dtd. 30/8/2022 in I.A. No.1555 of 2022 in Securitisation Application No. 319 of 2022 on the files of the Debts Recovery Tribunal-I, Ernakulam.

(2.) The properties of the petitioner were proceeded against for recovery of amounts due under the credit facilities availed by the petitioner from the respondent bank. The Tribunal directed that the confirmation of sale of the properties belonging to the petitioner shall be kept in abeyance, provided certain amounts were paid as directed in the order.

(3.) It appears that, the sale, which was the subject matter of the proceedings in I.A. No. 1555 of 2022, did not take place and the sale was adjourned to be held on 21/10/2022. The petitioner, therefore filed I.A.No. 2627 of 2022 in S.A No. 319 of 2022, seeking stay of the sale proposed to be held on 21/10/2022. This Interlocutory Application has WP(C). NOS.38002 and 39917 OF 2022 &OP (DRT) NO. 376 OF 2022 also been dismissed by the Tribunal, also noting that the petitioner had failed to comply with the conditions imposed in the order dtd. 30/8/2022 in I.A. No. 1555 of 2022.