High CourtsSingle Bench(2022) 03 KL CK 0181

Sooraj C. K. vs Authorised Officer Muthoot Vehicle & Assets Corporate Office

High Court Of Kerala · Decided on 22 March 2022

HON’BLE JUDGES
Murali Purushothaman, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (DRT) NO. 148 Of 2022

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Judgment

4 paragraphs · 158 words

Murali Purushothaman, J

1.

The petitioners have filed this OP(DRT) challenging Ext.P7 order of the Chief Judicial Magistrate Court, Thiruvananthapuram appointing an Advocate Commissioner to take possession of the secured assets and also Ext.P8 notice issued by the Advocate Commissioner intimating the petitioners that he will be taking possession of the properties on 21.02.2022.

2.

The petitioners have filed this OP(DRT) before this Court challenging the SARFAESI proceedings as no presiding officer was available before the Debts Recovery Tribunal - II, Ernakulam. Since the presiding officer for the Debts Recovery Tribunal - II, Ernakulam has been appointed the said Tribunal has started functioning.

Accordingly, OP (DRT) is disposed of granting liberty to the petitioners to move the Tribunal for appropriate reliefs. To enable the petitioners to move the Debts Recovery Tribunal - II, Ernakulam, the interim order granted by this Court in the OP (DRT) No.148 of 2022 will continue for a period of three weeks from today.