2025:KER:29410 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. 122 OF 2025 SA NO.206/2025 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER: NAFEESA K, AGED 56 YEARS, W/O MUSTHAFA, MIRAS, P.O. CHEMBILODE, MOUVANCHORY, KANNUR, PIN – 670613. BY ADVS. BASIL MATHEW SARASWATHI PALEREKEEZHIL DAN ELIAS RESPONDENTS: 1 THE KERALA BANK LTD, REPRESENTED BY THE REGIONAL MANAGER, REGIONAL OFFICE, P.B. NO.35, KANNUR, PIN – 670001. 2 THE AUTHORIZED OFFICER, KERALA BANK LTD.,REGIONAL OFFICE, P.B. NO.35, KANNUR, PIN – 670001. 3 THE BRANCH MANAGER, WOMEN’S BRANCH, KERALA BANK LTD.,KANNUR, PIN – 670001. SRI.M.SASINDRAN, SC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (DRT) NO. 122 OF 2025 2 2025:KER:29410 JUDGMENT The petitioner has challenged the proceedings initiated against the petitioner under the provisions of the SARFAESI Act by filing S.A.No.206/2025 before the Debts Recovery Tribunal – I, Ernakulam[According to the petitioner, the petitioner has challenged the sale conducted by the respondent Bank on 24.03.2025]. The petitioner is essentially before this Court seeking a direction to the respondent Bank not to issue any sale certificate pending consideration of the matter by the Debts Recovery Tribunal. The learned counsel appearing for petitioner also submits that the petitioner is ready and willing to clear the liability in instalments. 2. The learned counsel for the respondent Bank submits that this is the 2nd round of litigation at the instance of the petitioner before this Court. It is submitted that on an earlier occasion, this Court through judgment dated 21.10.2024 in W.P(C)No.36787 of 2024 had permitted the petitioner to clear off the then overdue amount in instalments. It is submitted that the petitioner failed to comply with the directions issued by this Court forcing the Bank to continue with the proceedings under the SARFAESI Act against the petitioner. It is submitted that the petitioner has to seek appropriate reliefs from the Debts Recovery OP (DRT) NO. 122 OF 2025 3 2025:KER:29410 Tribunal and there is no ground made out for granting the relief sought for in this Original Petition. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Bank, I am of the view that the petitioner has not made out any ground for grant of the relief sought for in an Original Petition under Article 227 of the Constitution of India. The petitioner had earlier been granted the opportunity of paying of the then overdue amounts in instalments through Ext.P2 judgment in W.P(C)No.36787 of 2024. It is the admitted case that the petitioner failed to comply with the directions issued by this Court in Ext.P2 judgment. Now the Bank has conducted the sale and any order directing the Bank not to issue sale certificate will be to the prejudice of the auction purchaser. The auction purchaser is not even a party to the present Original Petition. Therefore, reserving the liberty of the petitioner to seek appropriate reliefs - interim / final from the Debts Recovery Tribunal – I, this Original Petition is dismissed. Sd/- GOPINATH P. JUDGE DK OP (DRT) NO. 122 OF 2025 4 2025:KER:29410 APPENDIX OF OP (DRT) 122/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE S.A.NO. 206 OF 2025 ON THE FILES OF HON’BLE DEBT RECOVERY TRIBUNAL –I, ERNAKULAM WITHOUT ANNEXURES Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN W P (C) 36787 OF 2024 IN THE HON’BLE HIGH COURT OF KERALA Exhibit P3 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT ON 24.01.2025 NOTIFYING THE SALE OF THE PROPERTY MORTGAGED BY THE PETITIONER Exhibit P4 TRUE COPY OF STAY PETITION IN S.A. 206 OF 2025 ON THE FILES OF HON’BLE DEBT RECOVERY TRIBUNAL –I, ERNAKULAM