The High Court of Kerala dismissed a writ petition challenging recovery proceedings. With available appellate remedy at DRAT and settlement talks failing, the court held the matter could not be settled out of court. The petition was dismissed without prejudice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930
WP(C).No. 23510 of 2008(W)
---------------------------------------D.R.C. NO. 645 IN T.A. NO. 1398/1997 OF DEBT RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP), ERNAKULAM.
PETITIONER:
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ROJI GEORGE, S/O. P.K.GEORGE PULUVELIL HOUSE, KONDADU P.O.,VIA RAMAPURAM KOTTAYAM DISTRICT.
BY ADV. SRI.G.HARIHARAN, ADV. SRI.PRAVEEN.H.
RESPONDENTS:
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1. THE DEBT RECIVERY TRIBUNAL, (KERALA & LAKSHADWEEP) 8TH FLOOR, K.S.H.B BUILDING PANAMPILLY NAGAR,ERNAKULAM -682 036.
2. THE RECOVERY OFFICER (KERALA & LAKSHADWEEP) 8TH FLOOR, K.S.H.B BUILDING PANAMPILLY NAGAR,ERNAKULAM- 682 036 .
3. THE FEDERAL BANK LTD, HEAD OFFICE, ALUVA, REPRESENTED BY ITS GENERAL MANAGER.
4. THE FEDERAL BANK LTD, PAMPADI BRANCH, KOTTAYAM DISTRICT, REPRESENTED BY ITS GENERAL MANAGER.
5. K.M.ANNA, W/O.VARGHESE T.ABRAHAM, THECKEL, RUBY NAGAR P.O.,CHANGANACHERRY.
ADV. SRI.MOHAN JACOB GEORGE FOR R4, SMT.P.V.PARVATHI FOR R4, SMT.REENA THOMAS FOR R4, SRI.L.RAM MOHAN FOR R4, SRI.LAVARAJ M.G. FOR R5, SRI.C.R.VINOD KUMAR FOR R5.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.23510/2008-W:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE RATION CARD ISSUED BY TALUK SUPPLY OFFICER, MEENACHIL TALUK ISSUED IN FAVOUR OF THE PETITIONER.
EXT.P.2: COPY OF THE SALE DEED NO. 667/99 OF S.R.O., RAMAPURAM.
EXT.P.3: COPY OF THE SALE DEED NO.668/99 OF S.R.O, RAMAPURAM.
EXT.P.4: COPY OF THE BASIC TAX RECEIPT RELATING TO EXHIBIT P.2. PROPERTY ISSUED IN THE NAME OF THE PETITIONER.
EXT.P.5: COPY OF THE BASIC TAX RECEIPT RELATING TO EXHIBIT P.3. PROPERTY ISSUED IN THE NAME OF THE PETITIONER'S BROTHER-IN-LAW SRI. PHILIP JOSEPH.
EXT.P.6: COPY OF THE PROCLAMATION OF SALE DTD. 06/08/07 ISSUED BY THE R.2. IN D.R.C. NO. 64/FB/KTM.
EXT.P.7: COPY OF THE SALE CERTIFICATE ISSUED BY THE R.2. IN FAVOUR OF THE R.5.
EXT.P.8: COPY OF THE ORDER PASSED BY THE R.2. IN I.A. NO. 341/08 IN D.R.C. NO. 645 IN T.A. NO. 1398/97 IN THE MATTER OF FEDERAL BANK LTD., DTD. 12/03/08.
EXT.P.9: COPY OF THE MEMORANDUM OF APPEAL FILED UNDER SECTION 30 OF THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT ON 11/04/2008 BEFORE THE D.R.T.
EXT.P.10: COPY OF THE COUNTER STATEMENT FILED ON BEHALF OF THE R.3. BANK IN EXT.P.9 PROCEEDINGS.
EXT.P.11: COPY OF THE CERTIFICATE ISSUED BY THE FEDERAL BANK, PAMPADI BRANCH ON 25/07/2008 EVIDENCING RECEIPT OF RS.54,61,519/-.
EXT.P.12: COPY OF THE FINAL ORDER DTD. 11/07/2008 MADE IN APPEAL NO. 40/2008.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
prv.
Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.23510 of 2008
==================================
Dated this the 27th day of August, 2008.
JUDGMENT
None appears for the petitioner. It was ordered on 11-8-2008 that the case was being
adjourned at the request of the petitioner by two weeks to report settlement of the matter, since otherwise the matter may have to go to DRAT. Though the learned counsel states today that settlement talks are going on, learned counsel for the auction purchaser states that his client is not prepared for settlement. Obviously therefore, there is no chance of settling the matter out of court. In the wake of availability of the appellate remedy before the DRAT, this writ petition is dismissed without prejudice.
Thottathil B.Radhakrishnan, Judge.
sl.29.8.
1 issue framed by the court
Whether the writ petition challenging the recovery proceedings can be settled before dismissing without prejudice.
Roji George
The Debt Recovery Tribunal, Kerala & Lakshadweep
Federal Bank Ltd
K.M. Anna
Thottathil B Radhakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
