Petitioner challenged a DRT order conditioning the stay of coercive bank actions on payment of dues. Court found no infirmity in the order but extended the time limit for depositing the stipulated amounts.
Direction to pay 7.5 lakhs extended to 25.07.2015 and 5.5 lakhs extended to 10.08.2015.
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 A.MUHAMED MUSTAQUE
FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937
OP (DRT).No. 76 of 2015 (O)
SA. NO.197/2015 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM.
PETITIONER(S):
JOHN ZACARIA, AGED 48 YEARS, S/O.LATE M.K.JOHN, MARIKUDY HOUSE, PAZHANGANADU KARA, KIZHAKAMBALAM P.O., KIZHAKAMBALAM VILLAGE, ERNAKULAM DISTRICT-683 562.
BY ADV. SRI.G.SREEKUMAR (CHELUR).
RESPONDENT(S):
1. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM, REPRESENTED BY ITS REGISTRAR, KSHB BUILDING, PANAMPILLY NAGAR, COCHIN-682 036.
2. THE RECOVERY OFFICER, THE DEBT'S RECOVERY TRIBUNAL, KSHB BUILDING, PANAMPILLY NAGAR, COCHIN-682 036.
3. THE AUTHORISED OFFICER, BANK OF INDIA, COLLS ESTATE, 1ST FLOOR, M.G. ROAD, ERNAKULAM, KOCHI-682 016.
4. KORAH JOHN, DOOR NO.7F, BHAVANI APARTMENT, BMCPO, THRIKAKARA, ERNAKULAM-682 001.
5. BINU KORAH, W/O.KORAH JOHN, DOOR NO.7F, BHAVANI APARTMENT, BMCPO, THRIKAKARA, ERNAKULAM-682 001.
R3 BY ADVS. SRI.K.K.JOHN, SRI.ASISH K.JOHN. SRI.P.C.CHACKO.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs.
OP (DRT).No. 76 of 2015 (O)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
A. MUHAMED MUSTAQUE, J.
O.P.(DRT) No. 76 of 2015
Dated this the 10th day of July, 2015
J U D G M E N T
The petitioner is one of the applicant in the Securitisation Application before the DRT.
O.P.(DRT) No. 76 of 2015
2
only imposed condition to pay a fraction of the amount. The amount appears to be very low considering the total demand.
A. MUHAMED MUSTAQUE, JUDGE.
Pn
2 issues framed by the court
Whether the condition imposed by the DRT to stay coercive steps was illegal.
Whether the petitioner needs further time to deposit the amount ordered.
JOHN ZACARIA
THE DEBT RECOVERY TRIBUNAL, ERNAKULAM
THE RECOVERY OFFICER
THE AUTHORISED OFFICER, BANK OF INDIA, ERNAKULAM
KORAH JOHN
BINU KORAH
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
