The High Court of Kerala dismissed a writ petition filed by borrowers against the Union of India and UCO Bank, seeking alternate arrangements for hearing pending matters at the Debt Recovery Tribunal due to the presiding officer's leave. The Court held the petition infructuous by lapse of time. The writ petition stands dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
FRIDAY, THE 1ST DAY OF FEBRUARY 2013/12TH MAGHA 1934
WP(C).No. 4972 of 2007 (P)
AGAINST THE ORDER/JUDGMENT IN OS.291/2001 of DEBT RECOVERY TRIBUNAL, ERNAKULAM.
PETITIONER(S):
1. KAIRALI TEA PLANTATIONS (P) LTD., MARTHOMA BUILDINGS,THIRUVALLA
2. M.K.SAMUEL, MANAGING DIRECTOR,
3. MRS.MARY SAMUEL, MOZHACHERRIL HOUSE,
4. KURUVILA SAMUEL, MOZHACHERRIL HOUSE, KATTOOKKARA,THIRUVALLA.
RESPONDENT(S):
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY,MINISTRY OF FINANCE NEW DELHI.
2. UCO BANK, THIRUVALLA BRANCH, REPRESENTED BY ITS BRANCH MANAGER.
BY SRI.JOHN VARGHESE, ASSISTANT SG
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.4972/2007
APPENDIX
PETITIONER'S EXHIBITS:-
P1:- COPY OF THE LETTER DTD. 1.8.2006 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE ORDER DTD. 11.8.2006 PASSED BY THE DEBT RECOVERY TRIBUNAL. P3:- COPY OF THE PETITION IA. 212/2007 FILED BY THE PETITIONER.
RESPONDENT'S EXHIBITS:-
NIL
//TRUE COPY//
P.A. TO JUDGE
tss
ANTONY DOMINIC,J
W.P.(C) No.4972 of 2007
Dated this the 1st day of February, 2013
JUDGMENT
Writ petition was filed seeking a direction to the first respondent to make immediate alternate arrangements for hearing and disposing of the matters of emergent nature by providing a presiding Officer to the Debt Recovery Tribunal for Kerala and Lakshadweep till the Presiding Officer assumes charge after his leave.
This writ petition was necessitated on account of the fact that then Presiding Officer was on leave up to the end of March, 2007 and that no alternate arrangement was made by the Government of India. By lapse of time, the issue has become infructuous and therefore, the writ petition is dismissed.
Sd/- ANTONY DOMINIC, JUDGE
ln
1 issue framed by the court
Whether the writ petition seeking alternate arrangements for hearing was maintainable after the issue of leave became infructuous by lapse of time.
KAIRALI TEA PLANTATIONS (P) LTD.
M.K.SAMUEL
MRS.MARY SAMUEL
KURUVILA SAMUEL
UNION OF INDIA
UCO BANK
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
