The High Court directed the Debts Recovery Tribunal, Ernakulam, to pass final orders in S.A. No. 125/2012 within one month to prevent prejudice caused by delay in pursuing the matter.
Directed DRT to pass final orders in S.A. No. 125/2012 within one month.
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
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2013/15TH KARTHIKA, 1935
OP (DRT).No. 3886 of 2013 (O)
AGAINST THE ORDER/JUDGMENT IN SA 125/2012 of DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S):
G.JAYAN, GOPALAN, AGED 48 YERARS, VIJAYALAYAM, THIRUMULLAWARAM KOLLAM.
BY ADV. SMT.T.M.BINITHA
RESPONDENT(S):
BY SRI.T.RAJESH, SC, HDFC BANK
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 06-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(DRT) NO. 3886/2013
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE JUDGMENT OF THE PRINCIPAL SUB COURT, KOLLAM DATED 29.06.2009 IN O.S. NO. 129/2007. EXHIBIT P2 : TRUE COPY OF THE DECREE OF THE PRINCIPAL SUB COURT, KOLLAM DECREE DATED 29.06.2009 IN O.S. NO. 129/2007 EXHIBIT P3 : TRUE COPY OF THE PAPER PUBLICATION DATED 22.12.2011. EXHIBIT P4 : TRUE COPY OF THE SA NO. 125/2012 FILED BY THE APPLICANT BEFORE THE HONOURABLE DRT, ERNAKULAM EXHIBIT P5 : TRUE COPY OF THE STAY PETITION FILED BY THE APPLICANT BEFORE THE HONOURABLE DRT, ERNAKULAM.
RESPONDENT(S) EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(DRT) NO. 3886 OF 2013
Dated this the 6th day of November, 2013
JUDGMENT
The petitioner confines his relief to an early consideration of S.A. No. 125/2012 pending on the file of the Debts Recovery Tribunal. The said Securitisation Application was filed under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act. The petitioner asserts that the Securitisation Application was heard finally as early as on 11.05.2012 and orders are awaited. The petitioner laments that delay in disposal of the Securitisation Application will cause serious prejudice to his interest.
The Original Petition is disposed of.
V. CHITAMBARESH JUDGE
ncd
1 issue framed by the court
Whether to direct the Debt Recovery Tribunal to dispose of the Securitisation Application expeditiously to prevent prejudice to the petitioner.
G. Jayan, Gopanlan
The Authorized Officer HDFC Bank
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
