2025:KER:28476 OP (DRT) NO. 84 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 OP (DRT) NO. 84 OF 2025 SA NO.997 OF 2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER/S: K.K.HARIDASAN, AGED 56 YEARS S/O.KRISHNAN, PROPRIETOR, M/S.MRIDULA TRADERS, NELLIKULANGARA TEMPLE ROAD, NEMMARA, PALAKKAD DISTRICT, PIN - 678505 BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA B.R.SINDU V.R.SANJEEV KUMAR AFNA V.P. REMYA MURALI RESPONDENT/S: M/S. SOUTH INDIAN BANK LTD NEMMARA BRANCH, NEMMARA DOOR NO.735/2 FIRST FLOOR, D&D ARCADE BUILDING, CHITTUR ROAD, MANAPULLIKAVU, KUNNATHURMEDU.P.O., PALAKKAD REPRESENTED BY THE CHIEF MANAGER/AUTHORISED OFFICER., PIN - 678013 BY ADVS. Mohan Jacob George P.V.PARVATHY (P-41)(K/000036/1991) REENA THOMAS(R-364) NIGI GEORGE(K/1169/2012) ANANTHU V.LAL(K/001233/2022) SHERIN VARGHESE(K/000628/2010) BRAHMA R.K.(K/003236/2024) THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28476 OP (DRT) NO. 84 OF 2025 2 JUDGMENT Petitioner has approached this Court challenging the proceedings initiated by the respondent bank under Section 14 of the SARFAESI Act. 2. Learned counsel appearing for the petitioner submits that, the petitioner has now surrendered possession of the secured asset to the Authorized Officer of the respondent bank and the Original Petition may therefore be closed, leaving open all contentions to be urged in S.A. No.997 of 2024 pending before the Debts Recovery Tribunal-I, Ernakulam. 2. Learned counsel appearing for the respondent bank has no objection. Accordingly, this Original Petition is closed, leaving open all contentions taken by the petitioner and permitting the petitioner to urge all contentions in S.A. No.997 of 2024 pending before the Debts Recovery Tribunal-I, Ernakulam. Sd/- GOPINATH P. JUDGE ajt 2025:KER:28476 OP (DRT) NO. 84 OF 2025 3 APPENDIX OF OP (DRT) 84/2025 PETITIONER EXHIBITS Exhibit P1 . A TRUE COPY OF THE NOTICE DATED 20.11.2023 DEMANDING A SUM OF RS.4,21,91,549.34/- ISSUED BY THE RESPONDENT BANK ADDRESSED TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 09.01.2024 MADE IN W.P.(C).NO.703/2024 BY THE HON’BLE HIGH COURT OF KERALA Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 14.02.2024 ADDRESSED TO THE RESPONDENT BANK FOR ONE TIME SETTLEMENT SUBMITTED BY THE PETITIONER Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 27.03.2024 SENT BY THE RESPONDENT BANK ADDRESSED TO THE PETITIONER Exhibit P5 . A TRUE COPY OF THE REQUEST DATED 25.05.2024 SENT BY THE PETITIONER ADDRESSED TO THE RESPONDENT BANK Exhibit P6 A TRUE COPY OF THE MOU (AGREEMENT ) DATED 12.03.2024 EXECUTED BETWEEN THE PETITIONER AND ONE SURESH FROM PALAKKAD Exhibit P7 A TRUE COPY OF THE POSSESSION NOTICE DATED 27.06.2024 ISSUED U/S 13(8) OF THE SARFAESI ACT UNDER RULE 8 OF THE SARFAESI RULE Exhibit P8 A TRUE COPY OF THE NOTICE ISSUED U/S 13(8) OF THE SARFAESI ACT BY THE RESPONDENT BANK ON 21.08.2024 Exhibit P9 A TRUE COPY OF THE MEMORANDUM OF SECURITIZATION APPLICATION FILED BEFORE THE HON’BLE DRT, ERNAKULAM ON 30.09.2024 Exhibit P10 A TRUE COPY OF THE INTERIM ORDER DATED 09.01.2025 ISSUED IN SA NO.997/2024 BY THE HON’BLE DRT-I ERNAKULAM 2025:KER:28476 OP (DRT) NO. 84 OF 2025 4 Exhibit P11 A TRUE COPY OF THE POSSESSION NOTICE DATED 14.02.2025 ISSUED BY THE ADVOCATE COMMISSIONER IN CONNECTION WITH MC NO.551/2024 ON THE FILES OF CJM COURT, PALAKKAD Exhibit P12 A TRUE COPY OF THE APPLICATION DATED 25.02.2025 FILED BY THE PETITIONER BEFORE THE HON’BLE DRT Exhibit P13 A TRUE COPY OF THE ORDER DATED 28.02.2025 ISSUED BY THE DRT-I IN CONNECTION WITH SA 997/2024