The Ords passed in this petition regarding a stay order application filed before the Debts Recovery Tribunal are closed after recording the Tribunal's assurance of passing orders by a fixed date.
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
TUESDAY, THE 9TH DAY OF APRIL 2013/19TH CHAITHRA 1935
OP (DRT).No. 1030 of 2013 (O)
PETITIONER(S):
1. P.R.RAJESH AGED 38 YEARS S/O.RAJAPPAN, PUTHENPARAMBIL HOUSE, PULIKUNNU ALAPPUZHA DISTRICT NOW RESIDING AT BHUVANESWARY GARDENS KIDANGANPARAMBU, ALAPPUZHA.
2. ARCHANA RAJESH
BY ADV. SRI.M.NARENDRA KUMAR
RESPONDENT(S):
1. STATE BANK OF INDIA REGIONAL BUSINESS OFFICE, BEACH ROAD, ALAPPUZHA REPRESENTED BY ITS CHIEF MANAGER, PIN-688 013.
2. P.J.JOSEPH
R1 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.) R1 BY ADV. SRI.THOMAS JAMES MUNDACKAL
THIS OP (DEBTS RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 09-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT).No. 1030 of 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIPIT P1- TRUE COPY OF THE JUDGMENT DATED 23.06.2008 IN WP[C]NO.5917 OF 2008.
EXHIPIT P2- TRUE COPY OF THE AUCTION NOTICE PUBLICATION EFFECTED BY THE FIRST RESPONENT DATED 08.10.2008 IN MANORAMA DAILY DATED 08.10.2008.
EXHIPIT P3- TRUE COPY OF THE APPLICATION I.A.NO.1355 OF 2009 IN S.A.NO.192 OF 2008 FILED BY THE PETITIONERS BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM.
EXHIPIT P4- TRUE COPY OF THE RECEIPT EVIDENCING DEPOSIT OF RS.1 CRORE ON 19.06.2009 BY BHEEMA JEWELLERS IN IST RESPONDENT BANK.
EXHIPIT P5- TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS AGAINST EXHIPIT P3.
EXHIPIT P6- THE TRUE COPY OF THE JUDGMENT DATED 22.06.2011 IN OP(DRT) NO.1273/2011.
//True Copy//
PA to Judge
Rp
ANTONY DOMINIC, J. ================ O.P.(DRT) NO. 1030 OF 2013
======================
Dated this the 9th day of April, 2013
J U D G M E N T
The prayer in this petition is to direct the Debts Recovery Tribunal, Ernakulam to pass orders on IA No.1355/09 in SA No.192/2008. Since it is the case of the petitioners that SA was originally heard on 15/9/11 and that orders were not passed even in spite of the filing of IA No.1355/09, which was also heard, this Court directed the Registry to obtain a report from the Tribunal. Accordingly, report dated 8/4/13 has been obtained which shows that, SA and IA were heard on 15/9/11 and the Tribunal has undertaken to pass orders latest by 17/4/13.
Now that such an undertaking has been given to this Court, recording the same, I close the original petition.
Sd/-
ANTONY DOMINIC, JUDGE
Rp
//True Copy//
PA to Judge
P.R. RAJESH AND ANR
STATE BANK OF INDIA ALAPPUZHA AND ANR
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
