Review petition seeking liberty to approach Debt Recovery Tribunal delayed by hospitalization and death of grandchild; court grants permission with two-week deadline.
Liberty granted to move the Debt Recovery Tribunal within two weeks from the date of the order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
FRIDAY, THE 8TH DAY OF FEBRUARY 2013/19TH MAGHA 1934
RP.No. 112 of 2013 (P)
[AGAINST THE JUDGMENT IN W.P.(C).NO.16149/2012 DTD. 08/10/2012 OF THIS HON'BLE COURT ]
PETITIONERS/WRIT PETITIONERS:
1. KAMALAMMA, W/O. LATE VENUGOPALAN, MUNNAM PADINJATATHIL HOUSE, AYATIL P.O., KOLLAM-691 021.
2. PRAMOD KUMAR, S/O. LATE VENUGOPALAN, MUNNAM PADINJATATHIL HOUSE, AYATIL P.O., KOLLAM-691 021.
BY ADV. SMT.G.VIDYA.
RESPONDENTS:
1. THE AUTHORIZED OFFICER (CHIEF MANAGER), SOUTH INDIAN BANK LTD., REGIONAL OFFICE, 3RD FLOOR, YWCA BUILDING, STATUE, M.G.ROAD, THIRUVANANTHAPURAM-695 001.
2. THE BRANCH MANAGER, SOUTH INDIAN BANK LTD., KOLLAM BRANCH, KOLLAM DISTRICT.
3. RAJAN I.N,
4. GIRIJAKUMARI, W/O. RAJAN, HOUSE NO.344, INCHIPULLIKADAVIL, KALLUR, VADAKKEMURI VILLAGE, KADUKUTTY WARD, CHALAKKUDI-680 309.
R1 & R2 BY SRI.K.K.JOHN, R3 & R4 BY SMT. MINI GANGADHARAN.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Prv.
R.P. NO.112/2013:
APPENDIX
PETITIONER'S ANNEXURE:
ANNEXURE A1: COPY OF THE HOSPITAL RECORDS OF THE PETITIONERS GRANDCHILD DTD. 01/11/2012.
RESPONDENTS ANNEXURES: NIL.
//TRUE COPY//
P.A. TO JUDGE
Prv.
ANTONY DOMINIC,J
R.P. No.112 of 2013
Dated this the 8th day of February, 2013
ORDER
Heard the learned counsel for the petitioners and the counsel appearing for respondents.
: 2 :
that the daughter lost her child on 03.01.2013. It is stated that the daughter still continues to be under treatment. It is pointing out the above facts, this R.P. is filed seeking liberty to the petitioners to move the Tribunal.
Although, counsel for the Bank pointed out that this is another strategy adopted by the petitioners to delay the recovery proceedings, still, fact remains that the petitioners could not sofar get the rights adjudicated before any legal forum and the delay has also occurred. In the circumstances pointed out above, taking note of these facts, I allow the review petition and direct that if the petitioners move the Debt Recovery Tribunal within two weeks from today, that will be entertained by the Tribunal and the matter will be dealt with in accordance with law.
Sd/- ANTONY DOMINIC, JUDGE
ln
1 issue framed by the court
Whether to grant liberty to petitioners to approach the Debt Recovery Tribunal after delay due to hospitalization and bereavement
KAMALAMMA
PRAMOD KUMAR
THE AUTHORIZED OFFICER (CHIEF MANAGER), SOUTH INDIAN BANK LTD.
RAJAN I.N
GIRIJAKUMARI
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
