In this OP(DRT), the petitioner challenged stay orders regarding SARFAESI proceedings. The single-judge court dismissed the petition as a belated challenge that was not raised in earlier tribunal proceedings or pleadings.
The original petition was dismissed and not entertained.
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
WEDNESDAY, THE 3RD DAY OF OCTOBER 2012/11TH ASWINA 1934`
OP (DRT).No. 3221 of 2012 (O)
SA.NO.559/2011 of DEBT RECOVERY TRIBUNAL, ERNAKULAM AIR.NO.895/2011 of DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI
PETITIONER(S):
K.P.SANTHOSH, PROPRIETOR, S/O.RAJU, KRIBS DIGITAL AND OFFSET PRINTERS, UR-7, UPPALAM ROAD, STATUE, TRIVANDRUM.
BY ADVS.SRI.SANTHAN V.NAIR SRI.V.V.MITHUN
RESPONDENT(S):
THE AUTHORISED OFFICER/CHIEF MANAGER, STATE BANK OF TRAVANCORE, SME BRANCH, ARCHANA BUILDING, STATUE GH ROAD, TRIVANDRUM - 695 001.
BY ADV.SRI.R.S.KALKURA,SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 03-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(DRT)NO.3221/2012
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
ANTONY DOMINIC,J
O.P(DRT)No.3221 of 2012
Dated this the 03rd day of October, 2012
JUDGMENT
Petitioner had availed of various facilities from the respondent bank. Default was committed, bank initiated SARFAESI proceedings and Ext.P2 is the notice under Section 13(2) of the Act. At that stage, the petitioner filed S.A.No.559/2011 before the Debt Recovery Tribunal, Ernakulam. In I.A. No.2160 of 2011 filed by the petitioner along with the S.A., the Tribunal passed Ext.P3 conditional order of stay, requiring the petitioner to remit Rs.30 lakhs in three instalments, on the dates which are also mentioned in paragraph 5 of the order. Against that order, the petitioner filed an appeal and the Appellate Tribunal passed Ext.P4 order, directing the petitioner to remit Rs.30 lakhs for 20.01.2012 and on that basis, stay was granted. The appellate Tribunal's order is dated 02.12.2011. It is challenging Exts.P3 and P4 orders, this O.P(DRT) is filed.
O.P(DRT).No.3221/2012
: 2 :
For the aforesaid reasons, I am not in a position to entertain this original petition.
The O.P(DRT) is dismissed.
ANTONY DOMINIC, JUDGE
ln
1 issue framed by the court
Whether a belated challenge to stay orders passed by the Debt Recovery Tribunal and Appellate Tribunal can be entertained.
K.P.SANTHOSH
THE AUTHORISED OFFICER/CHIEF MANAGER, STATE BANK OF TRAVANCORE
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
