2025:KER:27703 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 2501 OF 2022 PETITIONERS: 1 THANKAVELU AGED 72 YEARS S/O. NACHUMUTHU CHETTIYAR, ANGALA NIVAS, MARATH LANE, THRISSUR-680001. 2 V.T.JAYALAKSHMI, AGED 65 YEARS W/O.THANKAVELU, ANGALA NIVAS, MARATH LANE, THRISSUR- 680001. *ADDL.P3 MAHESWARI. T, AGED 45 YEARS, D/O. THANGAVELU, ANGALANIVAS, MARATH LANE, THRISSUR-680001 *ADDL.P4 KUMARRAAJ. T, AGED 42 YEARS, S/O. THANGAVELU, ANGALANIVAS, MARATH LANE, THRISSUR - 680001 *ADDL.P5 VISHNU RAM. T, AGED 34 YEARS, S/O. THANGAVELU, ANGALANIVAS, MARATH LANE, THRISSUR - 680001 *(ADDL PETITIONERS 3 TO 5 WERE IMPLEADED AS PER ORDER DATED 01.04.2025 IN IA NO.1/2025 IN THE WRIT PETITION BEING THE LEGAL HEIRS OF DECEASED 1ST PETITIONER) BY ADVS. LINDONS C.DAVIS E.U.DHANYA(K/672/2006) N.S.SHAMILA(K/222/2016) CHINJU P. JOYIES(K/894/2016) WP(C) No. 2501 of 20 22 - 2 - 2025:KER:27703 RESPONDENTS: 1 BANK OF INDIA THRISSUR BRANCH, VADAKKEMADAM BUILDING, M G ROAD, THRISSUR-680001. 2 P.K.ASHRAF, S/O. P.K.KUNJU, PUTHANVEETTIL HOUSE, KOORUKKANCHERRY, THRISSUR-680001. 3 THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL-II, HOUSING BOARD BUILDING, PANAMPILLYNAGAR, ERNAKULAM-682036. BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA FOR R1- K M ANEESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 2501 of 20 22 - 3 - 2025:KER:27703 JUDGMENT Dated this the 1st day of April, 2025 Petitioners have approached this Court seeking a direction to the 1st respondent to disburse the amount received from Debt Recovery Appellate Tribunal, Chennai as per Ext.P19 order and the amount received from DRT Ernakulam forthwith to the petitioners with interest. 2. Petitioners would submit that the above writ petition was filed on an impression that the amount deposited by the petitioners has been disbursed to the 1st respondent Bank. Now an additional statement has been filed by the 3rd respondent, wherein paragraph 3 reads as follows:- “3. It was stated in paragraph 7 of the statement that the sum of ₹8,04,000/- was handed over to the certificate holder bank vide cheque No.914343 dated 23.05.2011 vide letter dated 25.05.2011 with a direction to keep the same in FD account for a period of six months. However, on perusal of old records and Registers with Debts Recovery Tribunal – 1 Ernakulam [erstwhile Debts Recovery Tribunal (Kerala and Lakshadweep) Ernakulam] and on reconciliation with the State Bank of India, it is now revealed that the deposit ₹8,04,000/- made by the 1st certificate debtor (1st Writ Petitioner) by way of DD No.164423 dated 16.12.2009 drawn on South Indian Bank Limited, Main Branch, Thrissur, before the Recovery Officer on 17.12.2009 is kept under Fixed Deposit Account No.31761461976 of Debts Recovery Tribunal WP(C) No. 2501 of 20 22 - 4 - 2025:KER:27703 – 1 with the State Bank of India, Ernakulam South Branch (8616), Panampilly Nagar, Ernakulam and the current balance outstanding including interest thereunder as on 01.10.2022 is ₹15,98,546/- (Rupees fifteen lakhs ninety eight thousand five hundred forty six only) with term period of six months and one day with auto renewal facility.” In the light of the above it is to be seen that the amount deposited by the petitioners is still with the Debt Recovery Tribunal-I, and in a fixed deposit account with the State Bank of India, Ernakulam North Branch, Panampilli Nagar. 3. In view of the above, it is for the petitioners to approach the Debt Recovery Tribunal concerned with an appropriate petition for release of the amount, and the said application shall be considered by the concerned Debt Recovery Tribunal in accordance with law with notice to all affected parties. With the above said direction the writ petition is disposed of. Sd/- VIJU ABRAHAM JUDGE sbk/- WP(C) No. 2501 of 20 22 - 5 - 2025:KER:27703 APPENDIX OF WP(C) 2501/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF JUDGMENT DATED 5.8.2009 IN WP(C) NO.14775 OF 2009. Exhibit P2 TRUE COPY OF I.A.NO.1780 OF 2009 DATED 14.8.2009 IN DRC 1255/2003 IN OA 288/2001 OF DRT, ERNAKULAM. Exhibit P3 TRUE COPY OF ORDER DATED 7.10.2009 IN I.A.NO.1780 OF 2009 IN DRC NO.1255 IN OA 288/2001 OF DRT, ERNAKULAM. Exhibit P4 TRUE COPY OF JUDGMENT DATED 17.11.2009 IN WP(C) NO.30417 OF 2009. Exhibit P5 TRUE COPY OF THE ORDER DATED 17.2.2010 IN I.A.NO.1780 OF 2009 IN DRC NO.1255 IN OA 288/2001 OF DRT, ERNAKULAM. Exhibit P6 TRUE COPY OF JUDGMENT DATED 21.5.2010 IN WA NO.100 OF 2010. Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 19.10.2010 IN WP(C) NO.19018 OF 2010. Exhibit P8 TRUE COPY OF JUDGMENT IN W.A.NO.401 OF 2011 DATED 24.3.2011. Exhibit P9 TRUE COPY OF APPEAL MEMORANDUM DATED 5.4.2011 OF DRT, ERNAKULAM. Exhibit P10 TRUE COPY OF PETITION DATED 18.4.2011 NUMBERED AS I.A.NO.992 OF 2011 OF DRT, ERNAKULAM. Exhibit P11 TRUE COPY OF ORDER DATED 27.4.2011 IN I.A.NO.992 OF 2011 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM. Exhibit P12 TRUE COPY OF ORDER DATED 12.3.2015 OF DRT, ERNAKULAM IN I.A.NO.991/2011 AND 992/2011. WP(C) No. 2501 of 20 22 - 6 - 2025:KER:27703 Exhibit P13 TRUE COPY OF ORDER DATED 13.6.2014 IN OP(C) NO.1127 OF 2014. Exhibit P14 TRUE COPY OF PROCEEDINGS DATED 7.8.2017 IN M.A.NO.139 OF 2017 OF THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI. Exhibit P15 TRUE COPY OF PETITION DATED 12.1.2021 IN OP(C) NO.1127 OF 2014. Exhibit P16 TRUE COPY OF MEMO DATED 13.1.2021. Exhibit P17 TRUE COPY OF PETITION DATED 26.1.2021 FILED IN I.A.NO.992 OF 2011 IN UNREGISTERED APPEAL BEFORE THE DEBT TRIBUNAL ERNAKULAM. Exhibit P18 TRUE COPY OF PETITION FILED IN M.A.NO.139 OF 2017 IN A.I.R.NO.269 OF 2015 DATED 26.1.2021 OF DRAT, CHENNAI. Exhibit P19 TRUE COPY OF ORDER DATED 6.9.2021 IN M.A.139 OF 2017 OF THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI. Exhibit P-20 A TRUE COPY OF DEMAND DRAFT DATED 17/11/2022 FOR RS.2,95,1460.00/- IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P 20 Exhibit P20 A TRUE COPY OF DEMAND DRAFT DATED 17/11/2022 FOR RS.2,95,146.00/- IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P20