The court directed that steps for dispossessing the petitioner by respondent companies be kept in abeyance for three weeks to enable the petitioner to pursue an appellate remedy against an impugned Debt Recovery Tribunal order.
Stayed steps for dispossession by respondents for three weeks to enable petitioner to pursue appellate remedy.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 27TH DAY OF JANUARY 2016/7TH MAGHA, 1937
OP (DRT).No. 10 of 2016 (O)
SA. NO.90/2013 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM.
PETITIONER(S):
1. AFSAL. B., S/O. BASKER, ASHRAF MANZIL, THALAYOLAPARAMBU, KOTTAYAM-686 605.
2. SHAMALA UMMERKHAN, W/O. AFSAL B., ASHRAF MANZIL, THALAYOLAPARAMBU, KOTTAYAM-686 605.
BY ADVS.SRI.N.SASI, SMT.T.M.BINITHA.
RESPONDENT(S):
1. THE AUTHORISED OFFICER, FIRST BLUE HOME FINANCE LTD., 2ND FLOOR, J.K. TOWER, 46TH CROSS ROAD, SANGAM CIRCLE, JAYANAGAR, 8TH BLOCK, BENGALURU-560 082.
2. THE AUTHORISED OFFICER, DEWAN HOUSING FINANCE CORPORATION LTD., 1ST FLOOR, K.M.M. BUILDING, PALARIVATTOM, KOCHI-25.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 27-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
OP (DRT).No. 10 of 2016 (O)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
A.K.JAYASANKARAN NAMBIAR, J.
O.P.(DRT). No. 10 of 2016
===================================================== Dated this the 27th day of January, 2016
JUDGMENT
The petitioner is aggrieved by Ext.P5 final order passed by the Debt Recovery Tribunal in SA No.90 of 2013. I note that against Ext.P5 order of the Debt Recovery Tribunal, the petitioner has an effective alternate remedy by way of an appeal before the Debt Recovery Appellate Tribunal. The petitioner only seeks some time to pursue the said appellate remedy before the appellate tribunal and to stay the steps for dispossession in the meanwhile. Taking note of the prayer of the petitioner in the OP(DRT), I direct that steps taken by the respondent company for dispossessing the petitioner shall be kept in abeyance for a period of three weeks, so as to enable the petitioner to pursue his appellate remedy against Ext.P5 order, in the meanwhile.
The OP(DRT) is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
das /27.01.2016
1 issue framed by the court
Whether the petitioner should be granted time to pursue a pending appeal to stay dispossession steps pending the appellate tribunal's decision.
AFSal. B.
Shamala Ummerkhan
The Authorised Officer, First Blue Home Finance Ltd.
The Authorised Officer, Dewan Housing Finance Corporation Ltd.
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
