Disposed

Jyorhiemayi G. v. K.Pushpa

Kerala HC18 Dec 2013OP (DRT)/4588/2013

Case brief

AI extract

What is this about?

Petitioner, an auction purchaser under SARFAESI Act, sought delivery but was blocked by pending Tribunal proceedings. Court directed Tribunal to dispose of the specific stay application (I.A.No.2148/2013) in one month and the main stay application at the earliest.

What did the court decide?

Directing the Debts Recovery Tribunal to pass final orders in I.A.No.2148/2013 within one month and dispose of S.A.No.539/2013 at the earliest.

Jyorhiemayi G. Vs K.Pushpa — Banking and Recovery | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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WEDNESDAY, THE 18TH DAY OF DECEMBER 2013/27TH AGRAHAYANA, 1935

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OP (DRT).No. 4588 of 2013 (O)

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AGAINST THE ORDER IN OA 192/2008 of DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 24-03-2009

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PETITIONER(S):

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JYOTHIRMAYI.G., ARANATTU, ELAKKATTU HOUSE W/O.SETHUMADHAVAN P., DREAMDALE, II FLOOR MUTTAMBALAM P.O., KOTTAYAM - 4. WITH PERMANENT ADDRESS AT ARANATTU ELAKKATTU HOUSE KANGAZHA P.O., CHANGANASSERY TALUK KOTTAYAM DISTRICT.

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BY ADVS.SRI.RAJESH NAIR SRI.BIJOY CHANDRAN

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RESPONDENT(S):

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K.PUSHPA, W/O.MADHAVADAS, JAYALAXMI NIVAS, BEYPORE AMSOM DESOM P.O., NORTH BEYPORE, KOZHIKODE PIN - 686 541.

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PUNJAB NATIONAL BANK, MEENACHANTHA BRANCH REPRESENTED BY ITS MANAGER P.O., MEENACHANTHA, KOZHIKODE - 673 015.

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AUTHORISED OFFICER, PUNJAB NATIONAL BANK MEENCHANTHA BRANCH, P.O., MEENACHANTHA, KOZHIKODE - 673 015.

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ASSET RECOVERY MANAGEMENT BRANCH PUNJAB NATIONAL BANK FIRST FLOOR, 40/1461, MARKET ROAD ERNAKULAM, PIN - 682 011. REPRESENTED BY ITS SENIOR MANAGER.

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K. LEELA, W/O.LATE KRISHNANKUTTY NAIR PROPRIETOR, M.S.PLATHOTHOTTATHIL AYURVEDICS, KRISHNA LEELA, NORTH BEYPORE POST KOZHIKODE PIN - 686 541.

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R BY SRI.P.V.JAYACHANDRAN, SC, PUNJAB NATIONAL BANK

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 18-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN OP (DRT) No. 4588 OF 2013

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PETITIONER(S) EXHIBITS

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EXHIBIT P1 : TRUE COPY OF THE APPLICATION (SA.NO.539/2013) PENDING BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM (KERALA AND LAKSHADWEEP)

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EXHIBIT P2 : TRUE COPY OF THE TENDER DOCUMENTS SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 TO 4.

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EXHIBIT P3 : TRUE COPY OF THE LETTER DATED 9.5.2013 ISSUED BY THE RESPONDENT BANK.

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EXHIBIT P4 : TRUE COPY OF THE CONFIRMATION ISSUED BY THE RESPONDENTS 2 TO 4.

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EXHIBIT P5 : TRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE BANK ON 3.6.2013.

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EXHIBIT P6 : TRUE COPY OF THIS ORDER DATED 23.7.2013 PASSED BY THE DEBT RECOVERY TRIBUNAL, ERNAKULAM (KERALA & LAKSHADWEEP)

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EXHIBIT P7 : TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN EXT.P1 PROCEEDINGS.

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RESPONDENT(S) EXHIBITS

NIL.

//TRUE COPY//

P.S. TO JUDGE.

V.CHITAMBARESH, J.

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O.P (DRT) No.4588 OF 2013

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Dated this the 18^th day of December, 2013

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J U D G M E N T

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The petitioner is an auction purchaser of an item of property in the sale conducted under the SARFAESI Act. The petitioner is however not able to obtain delivery of the property in view of the proceedings pending before the Debts Recovery Tribunal.

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The first respondent Guarantor has preferred S.A.No.539 of 2013 wherein Ext.P6 interim order has been passed in I.A.No.2148 of 2013. The Debts Recovery Tribunal is directed to pass final orders in I.A.No.2148/2013 in S.A.No.539/2013 within a period of one month. Every endeavour shall also be made to dispose of S.A.No.539 of 2013 itself at the earliest.

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The petitioner shall produce a copy of the original petition with the judgment before the Debts Recovery Tribunal for compliance.

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The Original Petition is disposed of.

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V.CHITAMBARESH, Judge.

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nj.

Jyorhiemayi G. v. K.Pushpa

Case brief

What is this about?

What did the court decide?

Jyorhiemayi G. v. K.Pushpa

Case brief

What is this about?

What did the court decide?

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