The High Court rejected a writ petition seeking early disposal of an appeal filed before the Debt Recovery Tribunal. The judge held that the petitioner should challenge adverse orders via proper appeal rather than seeking directive relief for priority.
Prompted for dismissal of the writ petition seeking early disposal of the appeal.
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 S.SIRI JAGAN
WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933
OP (DRT).No. 3116 of 2011(O) ----------------------------------------[S.A.NO.155/2011 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM]
PETITIONER:
-------------------
AYLWIN NOEL VARGHESE, S/O. M.P. VARGHESE, AGED 32 YEARS, MARILYN HOUSE, ASHRAMTHUCHERIL LANE, KOLLAM EAST VILLAGE, KOLLAM DISTRICT - 691 001.
BY ADVS. SRI.SHAJI P.CHALY, SRI.R.SANJITH, SMT.S.K.SREEKALA.
RESPONDENTS:
------------------------
1. INDIAN BANK, HEAD OFFICE, 66, RAJAJI SALAI, CHENNAI - 600 001, REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR.
2. M. SURENDRAN PILLAI, AUTHORISED OFFICER/CHIEF MANAGER, INDIAN BANK, POLAYATHODE BRANCH, VIJAYAJYOTHI BUILDING, POLAYATHODE JUNCTION, KOLLAM DISTRICT - 691 001.
3. BRANCH MANAGER, INDIAN BANK, POLAYATHODE BRANCH, VIJAYAJYOTHI BUILDINGS, POLAYATHODE JUNCTION, KOLLAM DISTRICT - 691 001.
4. BRUBEX GLOBAL, NEW BLOCK, BISHOP JEROME NAGAR, KOLLAM DISTRICT - 691 001.
R1 & R3 BY SRI. S. EASWARAN, S.C.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 28/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(D.R.T).NO.3116/2011-O:
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P.1: COPY OF THE STUDENT IDENTITY CARD OF THE PETITIONER.
EXT.P.2: COPY OF THE AGREEMENT OF GUARANTEE PRODUCED BY THE RESPONDENT BANK IN S.A. 155/2011.
EXT.P.3: COPY OF THE ORDER IN I.A. NO. 1934/2011 IN S.A. NO. 155/2011.
EXT.P.3.A: COPY OF THE NOTICE OF INTENDED TENDER-CUM-AUCTION SALE DTD. 20/08/2011 ISSUED BY THE R.1. BANK.
EXT.P.4: COPY OF THE RELEVANT PAGES OF THE CIRCULAR BEARING NO. RBI/201011/74DBOD.NO.BP.BC.21/21.04.048/2010-11 DTD. 01/07/2010 ISSUED BY THE RESERVE BANK OF INDIA.
EXT.P.5: COPY OF THE STATEMENT OF ACCOUNTS OF THE R.4. ISSUED BY THE R.3. BANK.
EXT.P.6: COPY OF THE JUDGMENT IN WRIT APPEAL NO. 277/2011.
EXT.P.7: COPY OF THE ORDER IN I.A. 597/2011 IN S.A. 155/2011.
EXT.P.8: COPY OF THE ORDER IN I.A. NO. 823/2011 IN S.A. 155/2011.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
Prv.
S. Siri Jagan, J.
=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
O.P. (D.R.T) No. 3116 of 2011
=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th day of September, 2011.
J U D G M E N T
The petitioner has filed this writ petition seeking early disposal of S.A.No. 155/2011 filed by the petitioner before the Debt Recovery Tribunal under Section 17 of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The reason for seeking early disposal is Exts. P 3 , P7 and P8 orders of the Tribunal, as per which the petitioner has become liable to pay certain amounts.
Sd/- S. Siri Jagan, Judge.
Tds/
1 issue framed by the court
Whether the Writ Court should direct the Debt Recovery Tribunal to dispose of the petitioner's appeal out of turn.
Aylwin Noel Varghease
Indian Bank
M. Surendran Pillai
Brubex Global
S. Siri Jagan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
