Petitioner sought direction to DT Ernakulam for expeditious disposal of SA. Court held no overriding priority warranted at this stage and disposed of the petition with liberty to move the Tribunal for the request.
Petitioner granted liberty to move the Tribunal for expeditious disposal of the accelerating suit.
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
MONDAY, THE 1ST DAY OF OCTOBER 2012/9TH ASWINA 1934
OP (DRT).No. 3200 of 2012 (O) ----------------------------SA 272/2010 of DEBTS RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S):
K.C.MATHAI, AGED 85 YEARS S/O. CHACKO, PROPRIETOR, M/S. EMBEE TRADERS KARAYAMPARAMBU P.O., KARUKUTTY, ANGAMALY ERNAKULAM DISTRICT.
BY ADV. SRI.SUNIL V.MOHAMMED
RESPONDENT(S):
1. THE DEBTS RECOVERY TRIBUNAL KSHB BUILDING, PANAMPILLY NAGAR KOCHI-REPRESENTED BY ITS REGISTRAR.
2. THE CHIEF MANAGER (AUTHORIZED OFFICER) PUNJAB NATIONAL BANK, ARMB, MARKET ROAD ERNAKULAM-682011.
THIS OP (DEBTS RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 01-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(DRT) NO.3200/12
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1- TRUE COPY OF THE JUDGMENT DATED 21-02-2008 IN WPC NO. 34286/2007.
EXHIBIT P2- TRUE COPY OF THE SALE NOTICE DATED 29-11-2010 ALONG WITH NOTICE INVITING TENDER DATED 25-11-2010 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3- TRUE COPY OF THE JUDGMENT DATED 25-05-2011 IN OP(DRT)NO. 625/2011.
EXHIBIT P4- TRUE COPY OF THE INTIMATION DATED 20-07-2011 OF THE 2ND RESPONDENT.
EXHIBIT P5- TRUE COPY OF THE JUDGMENT DATED 11-09-2012 IN WPC NO. 17551/2011.
//True Copy//
PA to Judge
Rp
ANTONY DOMINIC, J. ================ OP (DRT) NO. 3200 OF 2012
====================
Dated this the 1st day of October, 2012
J U D G M E N T
Petitioner is the applicant in SA No.272/10 now pending before the Debts Recovery Tribunal, Ernakulam. In this writ petition, what is sought for by him is a direction to the Tribunal to expeditiously dispose of the application.
Therefore, I dispose of this OP giving liberty to the petitioner to move the Tribunal for expeditious disposal of the SA, in which event, I direct that the Tribunal shall consider the request and needful shall be done in the matter.
Sd/- ANTONY DOMINIC, JUDGE
Rp
The words “writ petition” occurring in the second sentence of the judgment dated 1/10/12 in O.P(DRT) No.3200/12 are corrected and substituted as “original petition”, vide order dated 31/10/12 in O.P(DRT) No.3200/12.
Sd/-
(Registrar (Judicial)
1 issue framed by the court
Whether the High Court should direct the Debts Recovery Tribunal to give overriding priority to the petitioner's accelerating suit.
K.C.Mathai
The Debts Recovery Tribunal KSMB Building, Panampilly Nagar Kochi - Represented by its Registrar
The Chief Manager (Authorized Officer) Punjab National Bank, ARBM, Market Road Ernakulam-682011
An Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
