Disposed

Mariyamma Geevarghese v. Authorized Officer

Kerala HC20 Jul 2015OP (DRT)/58/2014

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition filed by Mariyamma Geevarghese challenging the Debt Recovery Tribunal, Ernakulam's order, granting her liberty to approach DRAT while directing that the time spent during the writ petition's pendency be excluded for limitation purposes.

What did the court decide?

Liberty to move DRAT; time expired during pendency excluded from limitation.

Mariyamma Geevarghese Vs Authorized Officer — Civil Procedure and Limitation | Kerala HC (2015)

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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 A.MUHAMED MUSTAQUE

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MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937

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OP (DRT).No. 58 of 2014 (O)

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JUDGMENT DATED 29-11-2012 IN SA 194/2008 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM

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PETITIONER(S):

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MARIYAMMA GEEVARGHESE, AGED 72 YEARS, W/O.GEEVARGHESE, CHAMBAKKATTUKUDIYIL, THRIKARIYUR, KOTHAMANGALAM, ERNAKULAM DISTRICT.

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BY ADV. SRI.AYPE JOSEPH

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RESPONDENT(S):

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-------------------------

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1. AUTHORIZED OFFICER, S.B.I, STRESSED ASSETS RESOLUTION CENTRE, II FLOOR, R.S.CENRE, ERNAKULAM - 682 017.

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2. BIJOY PAUL, THELAKATTU HOUSE, AYAKAD, AROORPADAM P.O., KOTHAMANGALAM - 686 666.

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R1 BY ADVS. SRI.K.K.CHANDRAN PILLAI (SR.) SRI.THOMAS JAMES MUNDACKAL

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R2 BY ADVS. SRI.THAMPAN THOMAS

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SRI.B.V.JOY SANKER SRI.SHAFFIE THOMAS SMT.JANCY ALEX SRI.SANEESH KUNJUKUNJU

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ms/

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OP (DRT).No. 58 of 2014 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: A TRUE COPY OF THE JUDGMENT IN WPC NO.17304/09 DATED 17/5/2010.

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EXT.PII: A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN WPC NO.17304/09 DT. 13/8/09.

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EXT.PIII: A TRUE COPY OF THE EXTRACT FROM THE MUTATION REGISTER.

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EXT.PIV: A TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER KRISHI BHAVAN KOTTAPPADY, DATED 22/11/12.

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EXT.PV: A TRUE COPY OF THE JUDGMENT IN S.A. NO.194/2008, DEBT RECOVERY TRIBUNAL ERNAKULAM, DATED 29/11/2012.

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RESPONDENT(S)' EXHIBITS:

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EXT.R2(a): TRUE COPY OF THE WP(C) NO.17304/2009 WITHOUT EXHIBITS.

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EXT.R2(b): TRUE COPY OF THE BASIC TAX REGISTER PRODUCED BY THE PETITIONER IN SA.194/2008.

//TRUE COPY//

P.S.TO JUDGE

Ms v/

A.MUHAMED MUSTAQUE, J.

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O.P.(DRT).No.58 of 2014

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Dated this the 20^th day of July, 2015

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J U D G M E N T

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The petitioner aggrieved by Ext.P5 order passed by the Debts Recovery Tribunal, Ernakulam has approached this Court. The petitioner seeks liberty to move DRAT for challenging Ext.P5 order.

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In that view of the matter, this writ petition is disposed of with liberty to the petitioner to move DRAT. However, the time expired during pendency of this writ petition has to be excluded, while reckoning the limitation. This writ petition is filed on 30.04.2014.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE.

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Mariyamma Geevarghese v. Authorized Officer

Case brief

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Mariyamma Geevarghese v. Authorized Officer

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