2025:KER:28901 O.P (DRT) No.120/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP (DRT) NO. 120 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN SA NO.8 OF 2025 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER/S: 1 SRI. SHINOJ K.G., AGED 45 YEARS S/O. K.L. GEORGE, RESIDING AT KURISHUPARAMBIL HOUSE, NEAR JAYAKERALAM HSS, PULLUVAZHY P.O., PERUMBAVUR, ERNAKULAM DISTRICT, PIN - 683556 2 SMT. SOUMYA SHINOJ, AGED 39 YEARS W/O. SHINOJ, RESIDING AT KURISHUPARAMBIL HOUSE, NEAR JAYAKERALAM HSS, PULLUVAZHY P.O., PERUMBAVUR, ERNAKULAM DISTRICT, PIN - 683556 BY ADV P.YEMUNA RESPONDENT/S: 1 BANK OF BARODA, REGIONAL OFFICE, ERNAKULAM DISTRICT REPRESENTED BY CHIEF MANAGER & AUTHORIZED OFFICER, PIN - 682016 2 BANK OF BARODA, PERUMBAVUR AM ROAD BRANCH, DREAM TOWER, NEAR ASHRAM SCHOOL, AM ROAD, PERUMBAVUR, ERNAKULAM DISTRICT, KERALA, REPRESENTED BY BRANCH MANAGER, PIN - 683542 SRI. NAGARAJ NARAYANAN, SC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28901 O.P (DRT) No.120/2025 -2- J U D G M E N T The petitioners have approached this court being aggrieved by the fact that while S.A. No.8/2025 along with application for stay is pending consideration before the Debts Recovery Tribunal-I, Ernakulam, the Authorised Officer of the respondent bank is proposing to take physical possession of the secured asset through an Advocate Commissioner appointed by the Chief Judicial Magistrate Court, Ernakulam. 2. The learned counsel for the respondent bank seeks time to get instructions. However, considering the limited nature of relief that I propose to grant, I am of the opinion that the matter need not be adjourned to enable the learned counsel for the respondent bank to obtain instructions. 3. This original petition petition will stand disposed of directing that the steps for taking physical possession of the secured asset shall be adjourned by a period of two weeks from today (04-04-2025) to enable the petitioners to seek appropriate order on I.A. No.42/2025 in SA No.8/2025 pending before the Debts Recovery Tribunal-I, Ernakulam. Thereafter the parties shall be governed by the terms of any order that may be passed by the Debts Recovery Tribunal. Original petition is ordered accordingly. Sd/- GOPINATH P. JUDGE AMG 2025:KER:28901 O.P (DRT) No.120/2025 -3- APPENDIX OF OP (DRT) 120/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF RESPONDENTS BANK ISSUED POSSESSION NOTICE DATED 28.03.2024 Exhibit P1(a) TYPED COPY OF EXT.P1 POSSESSION NOTICE DATED 28.03.2024 Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 20.12.2024 TO THE 2ND PETITIONER Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 20.12.2024 TO THE 1ST PETITIONER Exhibit P4 THE TRUE COPY OF RELEVANT PAGES OF S.A.NO.8/2025 BEFORE THE DRT-1, ERNAKULAM Exhibit P5 TRUE COPY OF THE STAY PETITION I.A.NO.42/2025 FILED ALONG WITH S.A.NO.8/2025 Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF DEBT RECOVERY TRIBUNALNO.I, ERNAKULAM ON 07.03.2025