The High Court, executing its original petition filed by Union Bank of India, directed the Debt Recovery Tribunal to dispose of a pending secutiraisation application (SA No. 429/2010) within three months of receiving the judgment.
Directed the Tribunal to dispose of SA No.429/2010 within three months.
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.M.SHAFFIQUE
TUESDAY, THE 21ST DAY OF JUNE 2016/31ST JYAISHTA, 1938
OP (DRT).No. 103 of 2014 (O)
S.A.NO. 429/2010 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S) :
UNION BANK OF INDIA, REGIONAL OFFICE, UNION BANK BHAVAN, M.G ROAD, STATUE, THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORISED OFFICER.
BY ADVS. SRI.A.S.P.KURUP, SC, UBI SRI.SADCHITH.P.KURUP
RESPONDENT(S) :
S. SUDHEERDAS,
S/O. SADASIVA DAS, TC NO. 42/477, GANESHALAYAM PLRA I, MUTTATHARA, VALLAKKADAVU P.O, THIRUVANANTHAPURAM 695 008.
BY ADV. SMT.T.P.LEKSHMI VARMA
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 21-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
OP (DRT).No. 103 of 2014 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1: XEROX COPY OF SA NO. 429/2010 DATED 28-12-2011 FILED BY THE RESPONDENT BEFORE DRT.
EXHIBIT P3: XEROX COPY OF STATUSQUO ORDER DATED 01-01-2013 PASSED IN I.A NO 3468/2012 IN SA NO. 429/2010.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
A.M. SHAFFIQUE, J.
=============
OP (DRT) No. 103 of 2014
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Dated this, the 21st day of June, 2016
J U D G M E N T
This original petition is filed by the petitioner seeking for an early disposal of Ext.P1, a Securitisation Application filed by the debtor challenging the proceedings taken by the petitioner Bank under the SARFAESI Act. It is submitted that the application had been pending for a quite long time and so far, no attempt had
been made to dispose of the same.
OP(DRT) No.103/14
-:2:-
dispose of SA No.429/2010 within a period of three months from the date of receipt of a copy of this judgment.
OP(DRT) is disposed of as above.
Sd/-
A.M. SHAFFIQUE, JUDGE
Rp21/06/2016
//True Copy//
P.S to Judge
1 issue framed by the court
Whether to direct the Debt Recovery Tribunal to dispose of the pending securitisation application within three months.
Union Bank of India, Regional Office
S. Sudheerdas
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
