The High Court directed the Debts Recovery Tribunal to consider applications modifying attachment and questioning territorial jurisdiction within one month, staying further sale proceedings pending disposal of the writ petition.
Directions to dispose of applications within one month and stay further sale proceedings pending.
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 V.CHITAMBARESH
FRIDAY, THE 1ST DAY OF NOVEMBER 2013/10TH KARTHIKA, 1935 OP (DRT).No. 3833 of 2013 (O)
AGAINST THE ORDER/JUDGMENT IN OA 1176/1999 of DEBTS RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER:
P.JAYANTHI, W/O. SUNDARA BASHYAM REDDY, 22/9, FIRST CROSS STREET, R.A. PURAM, CHENNAI-28.
BY ADV. SRI.K.P.SUJESH KUMAR
RESPONDENTS:
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1. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, ERNAKULAM 682 011.
2. STATE BANK OF TRAVANCORE, OVERSEAS BRANCH, CIVIL LINES ROAD, PALARIVATTOM, ERNAKULAM 682 025.
3. M/S. KMP TIMBERS, NO.450/1, ARCOT ROAD, PORUR, CHENNAI 600116.
4. K.M. PONNAPPAN, S/O. P. MAHALINGA NADAR, MANAGING DIRECTOR, M/S. KMP TIMBERS, NO.450/1, ARCOT ROAD, PORUR, CHENNAI 600116.
5. M/S. LAWRENCE MEMORIAL TRUST, NO.450/1, ARCOT ROAD, PORUR, CHENNAI 600116 REP. BY ITS MANAGING TRUSTEE, K.M. PONNAPPAN.
6. JOHN IVANS, S/O. MICHAEL, NO.36, MADUR MEENAKSHI NAGAR, VALSARAVAKKAM, CHENNAI 600 087.
BY SRI.SANTHOSH MATHEW, SC, SBT BY SRI.SATHISH NINAN, SC, SBT
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 01-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT).No. 3833 of 2013 (O)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF THE MEMORANDUM OF APPEAL NO.1/2007 SUBMITTED BY THE RESPONDENTS 3 & 5 BEFORE THE DRT-1, CHENNAI DATED NIL.
EXT.P2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE R2 BANK IN APPEAL NO.1/2007 DATED 4.8.2008.
EXT.P3 TRUE COPY OF THE ORDER OF THE DEBTS RECOVERY TRIBUNAL-1, CHENNAI IN APPEAL NO.1/2007 DATED 30.9.2008.
EXT.P4 TRUE COPY OF I.A.NO.1503/2012 IN DRC 1389 IN OA.1176/99 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM DATED 21.5.12 WITHOUT ANNEXURES.
EXT.P5 TRUE COPY OF THE SALE PROCLAMATION PUBLISHED IN THE CHENNAI EDITION OF THE 'INDIAN EXPRESS' DATED 22.9.13.
EXT.P6 TRUE COPY OF IA.NO.3111/2013 IN DRC 1389 IN OA.NO.1176/99 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM DATED 14.10.13 WITHOUT ANNEXURES.
EXT.P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE R4 BEFORE R2 DATED 24.7.12.
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.S. TO JUDGE
cl
V.CHITAMBARESH, J.
O.P.(DRT)No.3833 of 2013
Dated this the day of 1st November, 2013
J U D G M E N T
The petitioner seeks early consideration of
I.A.Nos.1503/2012 and 3111/2013 in DRC.No.1389 in O.A.No.1176/1999 on the file of the Debts Recovery Tribunal,
Ernakulam. I.A.No.1503/2012 has been filed for modifying the order of attachment and I.A.No.3111/2013 has been filed questioning the territorial jurisdiction of the Debts Recovery Tribunal.
from the date of receipt of a copy of this judgment. Further proceedings for sale of the property shall take place only after the disposal of the I.A.Nos.1503/2012 and 3111/2013 as directed above.
The writ petition is disposed of.
Sd/-
V.CHITAMBARESH, Judge.
cl.
2
1 issue framed by the court
Whether to direct the Debts Recovery Tribunal to consider applications modifying attachment and questioning territorial jurisdiction within one month.
P. JAYANTHI
STATE BANK OF TRAVANCORE, OVERSEAS BRANCH
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
