LAWS(KER)-2023-7-139

JOY PAUL Vs. SOUTH INDIAN BANK LIMITED

Decided On July 26, 2023
JOY PAUL Appellant
V/S
SOUTH INDIAN BANK LIMITED Respondents

JUDGEMENT

(1.) The original petition is filed to direct the Debt Recovery Tribunal-II (in short 'Tribunal'), Ernakulam, to issue the certified copy of the order dtd. 21/7/2023 in I.A. No.1808/2023 in S.A.No.269/2023, expeditiously and until such time to defer further recovery proceedings initiated by the respondents.

(2.) The petitioner's case is that, aggrieved by the recovery proceedings initiated by the respondents under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (in short, 'Act'), the petitioner had preferred S.A No.269/2023 before the Tribunal. Along with the S.A., the petitioner had also filed an application to stay the recovery proceedings. The Tribunal, by order dtd. 21/7/2023, has dismissed the stay petition. The petitioner proposes to challenge the said order before the Debt Recovery Appellate Tribunal, Chennai. But, the petitioner is apprehensive that the respondents may dispossess the petitioner from the secured asset. Hence, the original petition.

(3.) Heard; Sri. C.S. Manu, the learned counsel appearing for the petitioner and Sri. Mohan Jacob George the learned counsel appearing for the respondents.