High Court directed the Debts Recovery Tribunal to finally dispose of S.A. No. 393/2011 within two months, as recovery proceedings had been stalled due to an interim order.
Direction to Debts Recovery Tribunal to dispose of S.A. No. 393/2011 finally within two months.
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. 4472 of 2013 (O)
AGAINST THE ORDER/JUDGMENT IN SA 393/2011 of DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S):
UNION BANK OF INDIA MAVELIKKARA BRANCH, ANUPAM COMPLEX, MAVELIKKARA REPRESENTED BY ITS BRANCH MANAGER.
BY ADVS.SRI.A.S.P.KURUP, SC, UBI SRI.SADCHITH.P.KURUP
RESPONDENT(S):
GEORGE PAUL, M/S. DELMON & CO., ALUMMOOTTIL HOUSE, PARIPADAM P.O. HARIPPAD, ALAPPUZHA-690 556.
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. 4472 of 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 : COPY OF SA NO.393/2011 IN JUNE 2011 FILED BY RESPONDENT BEFORE DRT. EXHIBIT P2 : COPY OF ORDER DTD.4.8.2011 IN IA NO.1653/2011 IN SA NO.393/2011. EXHIBIT P3 : COPY OF WRITTEN STATEMENT DTD.14.9.2011 FILED BY PETITIONER IN SA 393/2011.
RESPONDENT(S)' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(DRT) NO. 4472 OF 2013
Dated this the 16th day of December, 2013
JUDGMENT
An early consideration of S.A. No. 393/2011 filed by the respondent under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 is sought by the petitioner bank. The petitioner contends that the recovery proceedings have been halted for long pursuant to Ext.P2 interim order passed therein by the Debts Recovery Tribunal.
The Original Petition is disposed of.
V. CHITAMBARESH JUDGE
ncd
1 issue framed by the court
Whether an interim order passed by the Debts Recovery Tribunal causing delay in disposal of secured assets needs to be quashed.
UNION BANK OF INDIA
GEORGE PAUL
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
