The judge dismissed a belated writ petition filed over eight years after the Debt Recovery Tribunal issued a recovery certificate, declining writ jurisdiction due to the existence of an alternative remedy under Section 30 of the RDBFIA.
The original petition was dismissed and the writ jurisdiction was declined.
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
MONDAY, THE 16TH DAY OF DECEMBER 2013/25TH AGRAHAYANA, 1935
OP (DRT).No. 4444 of 2013 (O)
AGAINST THE ORDER/JUDGMENT IN OA 6/2004 of DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 22-11-2004
PETITIONER(S)/DEFENDANTS IN SUIT/RESPONDENTS IN O.A:
CHANGAMPUZHA P.O.
BY ADV. SRI.FRANKLIN CHELLATH
RESPONDENT(S)/PLAINTIFF IN THE SUIT/APPLICANT IN O.A:
AT KALOOR AND BRANCHES AT ALUVA PIN - 683 101.
(ADDL. RESPONDENTS 2 AND 3 IMPLEADED AS PER ORDER DATED 16.12.2013 IN I.A.NO.17116 OF 2013)
R BY SRI.T.RAJESH
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 16-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT).No. 4444 of 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
OP (DRT) No.4444 of 2013
Dated this the 16th day of December, 2013
J U D G M E N T
The suit in O.S.No.39/1999 on the file of the Court of
the Subordinate Judge of Ernakulam filed by the respondent Bank against the petitioners was decreed as early as on 3.3.2000 and the same has become final. More than 8 years have also elapsed since the Debts Recovery Tribunal issued Debt Recovery certificate to the respondent Bank in O.A.No.6/2004 on 10.6.2005. The petitioner has an alternate remedy of appeal under Section 30 of the Recovery of the Debts Due to Banks and Financial Institutions Act, 1993 on receipt of the order in O.A.No.6/2005. Any factual or jurisdictional errors can be so challenged in the appeal and the present writ petition filed after 8 years is highly belated.
I decline jurisdiction and dismiss the Original Petition.
V.CHITAMBARESH, Judge.
nj.
1 issue framed by the court
Whether the High Court can exercise writ jurisdiction to set aside an order of the Debt Recovery Tribunal when an alternate statutory remedy of appeal exists.
1 provisions across 1 enactments
Ramakrishna Body Builders Pathadipalam & Others
Lord Krishna Bank & Others
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
