The petitioner sought a writ of mandamus to stay proceedings in DRC No.554 regarding an issued recovery certificate. The court held that if a petitioner is aggrieved, the remedy is to seek an appellate remedy, and thus the petition to stop implementation without pending challenges was dismissed as not maintainable.
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 6TH DAY OF FEBRUARY 2012/17TH MAGHA 1933 OPDRT.No. 421 of 2012 (O) ------------------------OA.964/1998 of DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER(S):
SHYLA MOHAN PROPRIETRESS,M/S VARNA DESIGNERS,3/918 C MAJOR INDUSTRIAL ESTATE,SOUTH KALAMASSERY R/AT 4/1987, 'SAPTHAVARNA',SREENIDHAS ROAD EDAPPALLY.P.O, KOCHI-24.
BY ADV. SRI.R.SUDHEESHKUMAR
RESPONDENT(S):
1. THE DEBT RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP),8TH FLOOR PANAMPILLY NAGAR, COCHIN-36.
2. THE RECOVERY OFFICER, THE DEBT RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP), 8TH FLOOR PANAMPILLY NAGAR,COCHIN-36.
3. INDIAN BANK, PALLIMUKKU BRANCH,ERNAKULAM REPRESENTED BY ITS AUTHORIZED OFFICER-165.
BY SRI.P.PRIJITH, SC FOR R3
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 06-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(DRT) NO.421./12
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1 TRUE COPY OF THE NOTICE IN DRC.554 IN OA.964/1998 ISSUED BY THE 2ND RESPONDENT DATED 18/01/2012.
//True Copy//
PA to Judge
Rp
ANTONY DOMINIC, J. ================ O.P.(DRT)NO. 421 OF 2012
===================
Dated this the 6th day of February, 2012
J U D G M E N T
The prayer sought in this original petition reads as under:-
“(a) a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent, Recovery Officer of the Debt Recovery Tribunal to stay all further proceedings in DRC No.554 in OA NO.964/1998.”
Therefore, this original petition is not maintainable and is dismissed.
Sd/- ANTONY DOMINIC, JUDGE
Rp
//True Copy//
PA to Judge
1 issue framed by the court
Whether the High Court is justified in staying the implementation of a recovery certificate when no legal proceedings are pending to challenge it.
SHYLA MOHAN PROPRIETRESS,M/S VARNA DESIGNERS
THE DEBT RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP)
THE RECOVERY OFFICER, THE DEBT RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP)
INDIAN BANK, PALLIMUKKU BRANCH,ERNAKULAM
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
