2025:KER:31282 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP (DRT) NO. 127 OF 2025 AGAINST THE ORDER DATED 04.04.2025 IN SA NO.240 OF 2025 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER/APPLICANT: MANOJ C MOIDU AGED 45 YEARS S/O MOIDU, 39/2547, KARIVELITHUNDIPARAMBIL HOUSE, SOUTH JANATHA ROAD, PALARIVATTOM, ERNAKULAM, PIN - 682025 BY ADVS. T.P.SANTHOSH KUMAR C.H.ABDUL RASAC RESPONDENTS/DEFENDANTS: 1 KOTAK MAHINDRA PRIME LTD KOCHI BRANCH, THADIKKARAN CENTRE, 4TH FLOOR, PALARIVATTOM, ERNAKULAM REP.BY ITS BRANCH MANAGER, PIN - 682025 2 KOTAK MAHINDRA PRIME LTD KOCHI BRANCH, THADIKKARAN CENTRE, 4TH FLOOR, 2025:KER:31282 O.P.(DRT) No.127 of 2025 2 PALARIVATTOM, ERNAKULAM, REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 682025 BY ADVS. B.S.SURESH KUMAR ASHLEY JOHN(K/000719/2015) RANJANA V.(K/001646/2000) ANUSREE C.S.(K/1438/2021) JAISON MATHEW(K/002873/2023) THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31282 O.P.(DRT) No.127 of 2025 3 JUDGMENT The petitioner has availed statutory remedies against the steps taken by the respondent-financial institution under the provisions of the SARFAESI Act and S.A.No.240 of 2025 along with I.A.No.1405 of 2025 is now pending before the Debts Recovery Tribunal-I, Ernakulam. The petitioner has approached this Court stating that the application for stay filed by the petitioner has been dismissed by the Tribunal and a copy of the order has not been obtained. 2. The learned counsel appearing for the respondent- financial institution submits that the interlocutory application has not been dismissed and is listed for hearing on 15.04.2025. It is submitted that the respondent financial institution does not intend to take any further proceedings before 15.04.2025. 3. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent-financial 2025:KER:31282 O.P.(DRT) No.127 of 2025 4 institution, this original petition is closed, recording the submissions of the learned counsel appearing for the respondent-financial institution that the interlocutory application referred to above is listed for final hearing on 15.04.2025 and also that no action will be taken under the provisions of the SARFAESI Act till that date. Sd/- GOPINATH P. JUDGE Scl/ 2025:KER:31282 O.P.(DRT) No.127 of 2025 5 APPENDIX OF OP (DRT) 127/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 06.06.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED 22.08.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE TREATMENT RECORDS OF THE MOTHER OF THE PETITIONER Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 23.09.2024 IN WPC.NO.30975/2024 Exhibit P5 TRUE COPY OF THE TRANSACTION DETAILS OF PAYMENT OF RS.3 LAKH BY THE PETITIONER Exhibit P6 TRUE COPY OF THE TRANSACTION DETAILS OF THE PAYMENT OF RS.2.7 LAKH BY THE PETITIONER Exhibit P7 TRUE COPY OF THE DISCHARGE SUMMERY OF THE MOTHER OF THE PETITIONER Exhibit P8 TRUE COPY OF THE DISCHARGE BILL ESTIMATE SUMMERY DATED 22.02.2025 Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 14.03.2025 Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 28.03.2025 IN WPC.NO.11764/2025 Exhibit P11 TRUE COPY OF THE S.A.NO.240/2025 FILED BEFORE THE HON’BLE DRT-1. 2025:KER:31282 O.P.(DRT) No.127 of 2025 6 Exhibit P12 TRUE COPY OF THE STAY PETITION AS STAY PETITION I.A.NO.1405/2025 FILED BEFORE THE DRT-1 Exhibit P13 TRUE COPY OF THE COPY APPLICATION FILED BY THE PETITIONER