The High Court held the Writ Petition premature. It directed the petitioners to file objections before the Debt Recovery Tribunal regarding the attachment and the OA instead of approaching the High Court.
The Writ Petition was disposed of without prejudice to the remedy before the Debt Recovery Tribunal.
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 22ND DAY OF NOVEMBER 2013/1ST AGRAHAYANA, 1935
OP (DRT).No. 4140 of 2013 (O)
AGAINST THE ORDER/JUDGMENT IN OA 429/2013 of DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S):
BY ADVS.SRI.PAUL MATHEW (PERUMPILLIL) SRI.DILEEP VARGHESE
RESPONDENT(S):
BY SRI.TOM K.THOMAS, SC, SBI
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 22-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT).No. 4140 of 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 13(2) SARFAESI ACT TO THE PRINCIPAL DEBTORS DATED 19-09-2011 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE LOAN CLOSURE CERTIFICATE DATED 22-10-2013 |
| EXHIBIT P3 | TRUE COPY OF THE ORDER IN R.C.P NO 10/2011 OF THE RENT CONTROILLER COURT,TRIVANDRUM DATED 07-06-2012 |
| EXHIBIT P4 | TRUE COPY OF THE ORDER IN R.CP NO 6/2012 OF THE ADDITIONAL MUNSIFF(RENT CONTROLLER COURT),TRIVANDRUM DATED 11-04-2013 |
| EXHIBIT P5 | TRUE COPY OF THE O.A NO 429/2013 FILED BY THE 1ST RESPONDENT BEFORE THE DEBTS RECOVERY TRIBUNAL ERNAKULAM AGAINST THE PETITIONER AND THE 2ND & 3RD RESPONDENT DATED 31-08-2013 |
| EXHIBIT P6 | TRUE COPY OF THE I.A NO 2734/2013 IN O.A NO 429/2013 FILED BEFORE THE DEBTS RECOVERY TRIBUNAL ERNAKULAM FOR CONDITIONAL ATTACHMENT DATED 31-08-2013 |
| EXHIBIT P7 | TRUE COPY OF THE CONDITIONAL ATTACHMENT ORDER OF THE DEBTS RECOVERYTRIBUNAL ERNAKULAM IN I.A NO 2734/2013 IN O.A NO 429/2013 DATED 13-09-2013 |
RESPONDENT(S)' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(DRT) NO. 4140 OF 2013
Dated this the 22nd day of November, 2013
JUDGMENT
Ext.P7 interim order of attachment passed in I.A. No. 2734/2013 in O.A. No. 429/2013 on the file of the Debts Recovery Tribunal is impugned. There is also an ancillary prayer to quash O.A. No. 429/2013 filed by the respondent bank under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
The Original Petition is disposed of without prejudice to the remedy as above.
V. CHITAMBARESH JUDGE
ncd
1 issue framed by the court
Whether the Writ Petition challenging the interim attachment order and the original OA filed by the bank is maintainable.
Santhosh Wilson and others
State Bank of India Stressed Assets Recovery Branch
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
