MATHEW MICHAEL Vs. DHANLAXMI BANK

JUDGEMENT

(1.) This O.P.(DRT) filed under Article 227 of the Constitution of India seeks direction to the Debt Recovery Tribunal to consider and pass orders on Exhibit P2 application for the issuance of Commission in S.A.No.271/2018 filed by the petitioners. A further direction is sought for to respondents 1 and 2 not to proceed for taking physical possession of the property till a decision is taken on the jurisdictional issue.

(2.) Heard learned counsel for the petitioner, learned Government Pleader as well as the learned standing counsel appearing for the Bank.

(3.) The learned counsel for the petitioner contends that the petitioners are applicants in S.A.No.271/2018 pending before the Debts Recovery Tribunal (Kerala), Ernakulam. The 1 st petitioner was conducting a proprietorship in the name of M/sEmay Trading Company. It had apparently availed loans from respondents 1 and 2 by hypothecating an extent of 44.80 Ares of property in Re-survey No.190/3.4.5, Block No. 35 in Bharananganam village, Meenachil Taluk, Kottayam district. Proceedings had been initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (SARFAESI Act for short) for realisation of amounts. It is stated that Exhibit P1 Securitisation Application was moved by the petitioner in May 2018, challenging the proceedings on the ground that item No.1 property listed in the demand notice is agricultural land. It is stated that in October 2018, the petitioner had filed a Commission Application seeking the appointment of an Advocate Commissioner for ascertaining whether the property in question is agricultural land or not. It is stated that without awaiting orders on the preliminary issue, the respondents are taking steps to initiate coercive proceedings under the SARFAESI Act as against the agricultural property of the petitioner.