The court dismissed a petition seeking a direction for handing over possession of a building. It held that the Debt Recovery Tribunal, not this court, has control over such proceedings under the pending S.A. No.235/2015.
Direction to the bank was denied; petitioner instructed to approach the Debt Recovery Tribunal.
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
THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937
OP (DRT).No. 81 of 2015 (O)
---------------------------(SA.NO.235/2015 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM DISTRICT)
PETITIONER :
RAFEEQUE K.A.V., S/O KALLANDAN,AGED 42 YEARS, PROPRIETOR OASIS INTERNATIONAL EXPORTS & IMPORTS, MUZHAPPILANGAD, KANNUR DISTRICT.
BY ADV. SRI.C.K.SREEJITH
RESPONDENT(S):
1. THE AUTHORISED OFFICER, VIJAYA BANK, JUBILEE SHOPPING COMPLEX, TELLICHERY BRANCH, TELLICHERY -670 101
2. THE BRANCH MANAGER, VIJAYA BANK , JUBILEE SHOPPING COMPLEX, TELLICHERY BRANCH, TELLICHERY- 670 101
3. THE REGISTRAR,
R1 & R2 BY ADV. SMT.LATHA KRISHNAN,SC, VIJAYA BANK R3 BY GOVERNMENT PLEADER SMT. M.T.SHEEBA
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP (DRT).No. 81 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1: THE TRUE COPY OF THE POSSESSION NOTICE DATED 23/10/2014 EXT.P2: THE TRUE COPY OF THE MEMORANDUM OF S.A.NO. 235/2015 EXT.P3: THE TRUE COPY OF THE PETITION FILED BEFORE THE DRT, ERNAKULAM FOR INTERIM STAY OF RECOVERY PROCEEDINGS.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
A.MUHAMED MUSTAQUE, J.
-------------------------------------------- OP(DRT) No. 81 of 2015
Dated this the 18th day of June,2015
-------------------------
The petitioner filed this original petition seeking for a direction to the bank to hand over the physical possession of the residential building till the disposal of S.A. No.235/2015 on the file of the Debt Recovery Tribunal.
Original Petition is disposed of as above.
Sd/
A.MUHAMED MUSTAQUE, JUDGE
jm/
1 issue framed by the court
Whether the Debt Recovery Tribunal has jurisdiction to handle a petition for physical possession of the residential building pending disposal of S.A. No.235/2015.
RAFEEQUE K.A.V.
THE AUTHORISED OFFICER, VIJAYA BANK
THE BRANCH MANAGER, VIJAYA BANK
THE REGISTRAR, DRT ERNAKULAM
A MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
