Disposed

Pappachan Alexander v. a. Sharaffudeen

Kerala HC3 Oct 2012OP (DRT)/3218/2012

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a successful property auction bidder. The Court directed the Debt Recovery Tribunal to expeditiously consider the petitioner's interim application to vacate a stay order and pass appropriate orders within six weeks.

What did the court decide?

Directed the Debt Recovery Tribunal to consider and pass orders on the petitioner's interim application (I.A.No.1745/2012) within six weeks.

Pappachan Alexander Vs a. Sharaffudeen — Banking and Recovery | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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WEDNESDAY, THE 3RD DAY OF OCTOBER 2012/11TH ASWINA 1934`

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OP (DRT).No. 3218 of 2012 (O)

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IA.NO.1745/2012 IN APPEAL NO..42/2010 of DEBT RECOVERY TRIBUNAL, ERNAKULAM

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PETITIONER(S):

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PAPPACHAN ALEXANDER, EDAYILMURI PUTHEN VEEDU, ATTINGAL P.O., PRESENTLY WORKING AT MOOSA AL SHEHI TRADING LLC, P.O. BOX 93475, DUBAI, UNITED ARAB EMIRATES, REPRESENTED BY POWER OF ATTORNEY HOLDER

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SRI. SHINE THOMAS DICURZ, AGED 28, S/O. THOMAS DICRUZ, HOUSE NO. 347 W NO. XIII, AISWARYA BHAVAN, KOTTIYODE, ATTINGAL, THIRUVANANTHAPURAM - 695 101.

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BY ADV. SRI.S.VISHNU

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RESPONDENT(S):

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1. A. SHARAFFUDEEN, VATTAVILA PUTHENVEEDU, VIZHINJAM, THIRUVANANTHAPURAM - 695 521.

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2. A. PEERUKANNU,

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S/O. AHAMMED KANNU, VATTAVILA PUTHENVEEDU, VIZHINJAM, THIRUVANANTHAPURAM - 695 521.

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3. MRS. NAZEEMA BEEVI, VATTAVILA PUTHENVEEDU, VIZHINJAM, THIRUVANANTHAPURAM - 695 521.

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4. M/S. JUBILEE DRESSES, CAPRI BUILDINGS, NEAR GANAPATHI KOVIL, PAZHAVANGADI, THIRUVANANTHAPURAM - 695 004, REPRESENTED BY ITS MANAGING DIRECTOR.

..2/-

Kss

..2....

OP(DRT) NO.3218/2012 O

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5. THE AUTHORISED OFFICER, (THE ASSISTANT GENERAL MANAGER), THE FEDERAL BANK LIMITED, REG. OFFICE, ALWAYE, ERNAKULAM, KERALA - 683 101.

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6. THE BRANCH MANAGER, FEDERAL BANK LIMITED, STATUE BRANCH THIRUVANANTHAPURAM - 695 001.

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7. THE RECOVERY OFFICER, OFFICE OF THE DEBT RECOVERY TRIBUNAL, 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR, ERNAKULAM -36.

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 03-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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kSS

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OP(DRT)NO.3218/2012 O

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT-P1-TRUE COPY OF THE CERTIFICATE OF SALE OF IMMOVABLE PROPERTIES.

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EXHIBIT-P2-TRUE COPY OF THE ORDER OF CONFIRMATION OF SALE ISSUED ON 24/09/2010 BY THE RECOVERY OFFICER.

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EXHIBIT-P3-TRUE COPY OF THE NOTICE DATED 13/10/2010 ISSUED BY THE SUB REGISTRAR, THIRUVALLAM SUB DISTRICT.

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EXHIBIT-P4-TRUE COPY OF THE ORDER OF DELIVERY DATED 25/11/2010.

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EXHIBIT-P5-TRUE COPY OF THE TAX RECEIPTS F NO. 0176062 & 0176055.

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EXHIBIT-P6-TRUE COPY OF THE JUDGMENT DATED 26/10/2010 IN W.P(C) NO. 31292/2010 ON THE HON'BLE HIGH COURT OF KERALA.

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EXHIBIT-P7-TRUE COPY OF THE POWER OF ATTORNEY EXECUTED ON 18/12/2011 AT THE CONSULTATE GENERAL OF INDIA DUBAI U.A.E

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EXHIBIT-P8-TRUE COPY OF THE APPEAL NO. 42/2010 FILED BY THE RESPONDENTS 1 AND 2 (WITHOUT EXHIBITS).

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RESPONDENTS' EXHIBITS: N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

ANTONY DOMINIC,J

O.P(DRT)No.3218 of 2012

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Dated this the 03^rd day of October, 2012

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JUDGMENT

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Petitioner says that respondents 1 to 4 had availed of a loan from the 6^th respondent bank mortgaging an immovable property belonging to respondents 1 to 3. Default was committed by them and the bank filed O.A.No.110/2006. Finally, on the strength of the certificate of recovery, the property was auctioned on 19.08.2010 and the petitioner was the successful bidder. The sale was confirmed and the property was also mutated in his name.

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However, in the meanwhile, the defaulter filed Appeal No.42/2010 before the Debt Recovery Tribunal, Ernakulam and the Tribunal passed order dated 26.03.2012 directing that status-quo be maintained. Petitioner says that as a result of this order, he is not even a position to enter the property. In such circumstances, the petitioner appeared before the Debt Recovery Tribunal and filed I.A.No.1745/2012 seeking to vacate the interim order passed by the Debt Recovery Tribunal. The I.A.

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O.P(DRT).No.3218/2012

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: 2 :

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has not been considered so far and in the circumstances, this O.P.(DRT) has been filed.

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Having heard the counsel for the petitioner, I feel that

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the petitioner is fully justified in seeking an order for an expeditious consideration of the appeal or atleast, I.A.No.1745/2012 filed by them.

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In such circumstances, I dispose of this writ petition

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directing the Tribunal to consider and pass orders on I.A.No.1745/2012 filed by the petitioner in Appeal No.42/2010.

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This the Tribunal shall do in accordance with law and as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment along with the copy of the original petition.

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The O.P(DRT) is disposed of as above.

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ANTONY DOMINIC, JUDGE

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Pappachan Alexander v. a. Sharaffudeen

Case brief

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Pappachan Alexander v. a. Sharaffudeen

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