Dismissed

Dr.Bhaskaranunni.K.N. v. the Debt Recovery Tribunal

Kerala HC7 Oct 2013OP (DRT)/2812/2013

Case brief

AI extract

What is this about?

Petitioner filed an objection regarding a public sale scheduled to take place on 23.08.2013. The Court noted that the sale did not occur as scheduled and allowed the petitioner to file fresh objections against a new proclamation, leaving other contentions open before dismissing the writ petition.

What did the court decide?

The writ petition dismissed with liberty to file objections against a fresh proclamation of sale.

Dr.Bhaskaranunni.K.N. Vs the Debt Recovery Tribunal — Company and Corporate | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

¶4

MONDAY, THE 7TH DAY OF OCTOBER 2013/15TH ASWINA, 1935

¶5

OP (DRT).No. 2812 of 2013 (O)

¶6

AGAINST THE ORDER IN I.A. NO. 2153/2013 IN APPEAL NO. 8/2013 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 12-08-2013

¶7

PETITIONER(S)/PETITIONER:

¶8

DR.BHASKARANUNNI, AGED 58 S/O NARAYANAN NAMBOODIRI, HARISREE NEAR PARTHASARADHI TEMPLE, GURUVAYOOR.

¶9

BY ADV. SRI.G.SREEKUMAR (CHELUR)

¶10

RESPONDENT(S)/RESPONDENTS:

¶11

1. THE DEBT RECOVERY TRIBUNAL ERNAKULAM REPRESENTED BY ITS REGISTRR PANAMPILLY NAGAR, COCHIN-682 016.

¶12

2. THE RECOVERY OFFICER THE DEBT'S RECOVERY TRIBUNAL, ERNAKULAM PANAMPILLY NAGAR, COCHIN-682 016.

¶13

3. INDIAN OVERSEAS BANK, PALACE ROAD, THRISSUR REPRESENTED BY ITS BRANCH MANAGER, THRISUR -680 001.

¶14

4. M/S ALLIED HOSPITAS LTD 2/333, GURUVAYOOR ROAD, ARTHAT PO THRISSUR, REP. BY THE OFFICIAL LIQUIDATOR HIGH COURT OF KERALA, KOCHI-682030.

¶15

DCS

¶16

OP (DRT).No. 2812 of 2013 (O)

¶17

5. THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., 2ND FLOOR, CHOICE TOWERS, PANAMPILLY NAGAR KOCHI-682 036, REP. BY ITS MANAGING DIRECTOR-695001.

¶18

6. THE KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM REP. BY ITS MANAGING DIRECTOR-695 001.

¶19

*** ADDL. R7 IMPLEADED**

¶20

7. YUSAF PUDUVEETTIL S/O MUSLIAMVEETTIL MUHAMMEDHAJI PUTHENVEETTIL HOUSE, ELAVALLY SOUTH P.O. VIA CITTATTUKARA THRISSUR 680 511

¶21

*** ADDL. R7 IMPLEADED AS PER ORDER DATED 07.10.2013 IN I.A. NO. 12952/2013**

¶22

R3 BY ADVS. SRI.P.B.SAHASRANAMAN

¶23

SRI.T.S.HARIKUMAR

¶24

SRI.K.JAGADEESH

¶25

SRI.LEO GEORGE R4 BY ADVS. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA R5 BY ADV. SRI.K.JAJU BABU, SC, KSIDC R6 BY SRI.T.V.GEORGE, SC, KFC

¶26

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 07.10.2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

DCS

¶28

OP (DRT).No. 2812 of 2013 (O)

¶29

APPENDIX

¶30

PETITIONER(S)' EXHIBITS

¶31

EXHIBIT P1: COPY OF THE APPEAL MEMORANDUM IN APPEAL NO.8 OF 2013 WITH ANNEXURES DATED 22.7.2013.

¶32

EXHIBIT P2: COPY OF THE COUNTER AFFIDAVIT IN EXT.P1 APPEAL DATED 10.8.2013.

¶33

EXHIBIT P3: COPY OF THE ORDER IN INTERLOCUTORY APPLICATION NO.2153 OF 2013 IN APPEAL NO.8 OF 2013 DATED 12.8.2013.

¶34

RESPONDENT(S)' EXHIBITS:-

¶35

EXHIBIT R3(A): COPY OF THE ORDER OF THIS HON'BLE COURT IN C.P. NO. 4 OF 2007, DATED 26TH JUNE, 2008

¶36

EXHIBIT R3(B): COPY OF THE COMPROMISE PETITION FILED BY MR. GOPALAN AGAINST THE PRESENT PETITIONER, AS O.S. NO. 14 OF 2007, SUB-COURT, THRISSUR

/TRUE COPY/

P.A. TO JUDGE

DCS

V.CHITAMBARESH,J.

¶41

-------------------------------

¶42

O.P.(DRT) No.2812 of 2013

¶43

--------------------------------------- Dated this the 7^th day of October, 2013

¶44

The objection pertains to the proclamation of the sale scheduled to take place on 23.08.2013. It is now conceded that the sale did not take place as scheduled.

¶45

It is open to the petitioner to file objections as and when fresh proclamation is drawn. All other contentions are left open

¶46

and the writ petition is disposed of.

¶47

SD/-

¶48

V.CHITAMBARESH JUDGE

¶49

DCS

Dr.Bhaskaranunni.K.N. v. the Debt Recovery Tribunal

Case brief

What is this about?

What did the court decide?

Dr.Bhaskaranunni.K.N. v. the Debt Recovery Tribunal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

D.Sundaresan Vs the Authorized Officer

Viswambharabn Vaidyan.S Vs the Authrized Officer

G.Vasumathy Vs State of Kerala

Gopalan Vs Indian Overseas Bank

Mahesh S Madhavan Vs State Bank of Mysore

M.Vijayalakshmi Vs South Malabar Gramin Bank