Disposed

Bahuleyan v. Aleema Ameen

Kerala HC11 Oct 2013OP (DRT)/3537/2013

Case brief

AI extract

What is this about?

The High Court of Kerala, Ernakulam, in this single paragraph order, disposed of a writ petition filed by an auction purchaser. The court directed the Debt Recovery Tribunal to consider an I.A. filed by the bank to set aside a sale and to pass final orders within two months.

What did the court decide?

Direction to DRT Ernakulam to consider I.A. No. 1442/2012 in S.A. No. 629/2011 and pass final orders within two months.

Bahuleyan Vs Aleema Ameen — Banking and Recovery | Kerala HC (2013)

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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 V.CHITAMBARESH

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FRIDAY, THE 11TH DAY OF OCTOBER 2013/19TH ASWINA, 1935

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OP (DRT).No. 3537 of 2013 (O)

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AGAINST THE ORDER IN SA 629/2011 of DEBT RECOVERY TRIBUNAL, ERNAKULAM

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PETITIONER(S):

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BAHULEYAN. AGED 38 YEARS, S/O SREEDHARAN S.N. SADANAM, KOTTACKAKOM P.O. ARYANADU, ARYANADU VILLAGE THIRUVANANTHAPURAM DISTRICT

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BY ADV. SRI.M.DINESH

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RESPONDENT(S):

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1. ALEEMA AMEEN, W/O AMEEN SNEHATHEERAM, KURIAKKANNI, VARKALA P.O., THIRUVANANTHAPURAM - 695 141

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2. THE AUTHORISED OFFICER STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH CHILD WELFARE COMPLEX, LMS COMPOUND THIRUVANANTHAPURAM - 695 033

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3. THE MANAGER STATE BANK OF INDIA THAMPANOOR BRANCH TRIVANDRUM - 695 001

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R2 & R3BY SRI.R.S.KALKURA, SC, SBI

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 11-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DCS

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OP (DRT).No. 3537 of 2013 (O)

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PETITIONER'S EXHIBITS:-

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EXT. P1: COPY OF THE APPLICATION IS S.A. NO. 629/2011 BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM

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EXT. P2: COPY OF THE I.A. NO. 1927/2013 IN S.A. NO. 629/2011 FILED BEFORE THE DEBTS RECOVERY TRIBUNAL

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EXT. P3: COPY OF THE I.A.NO. 1442/2012 IN S.A. NO. 629/2011 FILED BY 1ST RESPONDENT BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM

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EXT. P4: COPY OF THE OBJECTION TO THE I.A.NO. 1442/2012 IN S.A. NO. 629/2011 FILED BY 1ST RESPONDENT BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM

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RESPONDENT'S EXHIBITS:- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

V.CHITAMBARESH,J.

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------------------------------O.P.(DRT.) No.3537 of 2013

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------------------------------------- Dated this the 11^th day of October, 2013

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J U D G M E N T

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The petitioner confines his relief to an early consideration of I.A. No 1442/2012 in S.A. No. 629/2011 on the file of the Debts Recovery Tribunal. I.A. No. 1442/2012 has been filed by the first respondent seeking to set aside the sale conducted under the SARFAESI Act. The petitioner is the auction purchaser in the sale and claims to have deposited the entire amount in the bank.

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I direct the Debts Recovery Tribunal, Ernakulam to consider I.A. No. 1442/2012 in S.A. No. 629/2011 on its file. Final orders thereon shall be passed within a period of two months from the date of receipt of a copy of this judgment. The petitioner as well as respondents 1 and 3 shall be put on notice and heard in the exercise.

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The writ petition is disposed of.

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SD/- V.CHITAMBARESH JUDGE

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DCS

Bahuleyan v. Aleema Ameen

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Bahuleyan v. Aleema Ameen

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