The writ petition challenging the proclamation of sale was closed as infructuous. The court noted subsequent developments where the respondents did not proceed with the challenged proclamation and further proceedings were stayed by the Debt Recovery Tribunal.
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 ANTONY DOMINIC
THURSDAY, THE 4TH DAY OF OCTOBER 2012/12TH ASWINA 1934
OP (DRT).No. 283 of 2010 (O) ---------------------------TA.1273/1997 of DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S):
JAI HIND OIL MILLS(KERALA),A PARTNERSHIPFIRM HAVING IT'S FACTORY AT DEVELOPMENT AREA, AROOR ALAPPUZHA DISTRICT AND HAVING OFFICE CURRENTLY AT 20/19,"ASHIRWARD",2ND FLOOR TILAK, ROAD EXTN,WADALA MUMBAI-400 031 REP.BY ITS, MANAGING PARTNERSHIP SRICHAND DEVANDAS KRISHNANI
BY ADVS.SRI.P.SANJAY
SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR
RESPONDENT(S):
BY DR.PAULY MATHEW MURICKEN
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 04-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J
O.P.(DRT).283/2010
.............................................. Dated this the 4th day of October, 2012
JUDGMENT
Learned counsel for the petitioner submits that the respondents did not proceed with Ext.P5 proclamation of sale which is challenged in this writ petition. It is also submitted that subsequently, another proclamation of sale was issued and that the same is under challenge before the DRT, Ernakulam in Appeal 11/12. According to the learned counsel, the Tribunal has also stayed further proceedings pursuant to the aforesaid proclamation of sale.
In view of the aforesaid developments subsequent to the filing of this writ petition, it is closed as infructuous.
Sd/- ANTONY DOMINIC, JUDGE
mrcs
/true copy/ PA To Judge
JAI HIND OIL MILLS(KERALA)
CANARA BANK, MATTANCHERY BRANCH, KOCHI-2
THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, KOCHI
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
