The High Court dismissed an original petition seeking transfer of a Debt Recovery Tribunal case from Tribunal II to Tribunal I, Ernakulam. The Court held that under the RDDBFI Act, transfer powers reside with the Appellate Tribunal, not the High Court or the Tribunal itself.
The original petition for transfer of the case to DRT-I, Ernakulam was dismissed.
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 1ST DAY OF NOVEMBER 2016/10TH KARTHIKA, 1938
TSA 381/2016 of DEBT RECOVERY TRIBUNAL II, ERNAKULAM
PETITIONER :
BY ADVS.SRI.PRAKASH P.GEORGE
SRI.SADER E.REAZ SRI.BIJU GEORGE SRI.REFEECK CHENNARA
RESPONDENTS :
OP (DRT).No. 103 of 2016 (O)
-:2:-
R BY SRI.SUNIL SHANKAR, SC, INDIAN OVERSEAS BANK
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 01-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT).No. 103 of 2016 (O)
APPENDIX
PETITIONERS' EXHIBITS :
EXT.P1 : COPY OF OA NO.82/2012 WITHOUT ANNEXURES (DOCUMENTS) PENIDNG BEFORE DEBT RECOVERY TRIBUNAL - I, ERNAKULAM
EXT.P2 : COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS IN OA NO.82/2012
EXT.P3 : COPY OF THE SA NO.701/2012 FILED BY THE PETITIONER
EXT.P4 : COPY OF THE WRITTEN STATEMENT FILED BY THE 13TH RESPONDENT IN SA 701/2012 WITHOUT THE ANNEXURES
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A TO JUDGE
AV
A.M.SHAFFIQUE, J.
------------------------------------ O.P.(DRT).No.103 of 2016
----------------------------------- Dated this the 1st day of November, 2016
J U D G M E N T
This original petition is filed seeking for transferring the case pending before the Debts Recovery Tribunal No.II, Ernakulam to Debts Recovery Tribunal No.I, Ernakulam.
Reserving the right of the petitioner to approach the competent authority, this O.P.(DRT) is dismissed.
Sd/-
A.M.SHAFFIQUE, JUDGE.
AV
2 issues framed by the court
Whether the High Court has jurisdiction to transfer a case pending before a Debt Recovery Tribunal to another Tribunal when the statutory provision vests superintendence in the Appellate Tribunal.
Whether the Debt Recovery Tribunal itself should dispose of an application seeking transfer of its own pending case to another Tribunal.
2 provisions across 1 enactments
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As recorded by the court registry
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