The High Court of Kerala disposed of an original petition filed by Punjab National Bank seeking orders on interim stay and disposal of pending cases under Section 17(5) of SARFAESI Act.
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
FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938
OP (DRT).No. 1119 of 2011 (O) -----------------------------SA 195/2008 of DEBT RECOVERY TRIBUNAL, ERNAKULAM ------
PETITIONER :
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PUNJAB NATIONAL BANK, ASSET RECOVERY MANAGEMENT BRANCH, MARKET ROAD,, ERNAKULAM, REPRESENTED BY ITS AUTHORISED OFFICER.
BY ADV. SRI.K.S.DILIP
RESPONDENT(S):
1. DEBTS RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP), VTH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, KOCHI-36, REPRESENTED BY THE PRESIDING OFFICER, PIN-682 036.
2. ALEXANDER, S/O. LATE C.P.GEORDY, CHAKKALAKUDIYIL HOUSE, AVOLI P.O., MUVATTUPUZHA, PIN-686 667.
3. ALBERT, S/O. LATE C.P.GEORDY, MINOR, AGED 17 YEARS, CHAKKALAKUDIYIL HOUSE, AVOLI P.O., MUVATTUPUZHA, PIN-686 667.
4. ANGELEENA, D/O. LATE C.P.GEORDY, MINOR, AGED 16 YEARS, CHAKKALAKUDIYIL HOUSE, AVOLI P.O., MUVATTUPUZHA, PIN-686 667.
5. SOPHY GEORDY, D/O. LATE C.P.GEORDY, CHAKKALAKUDIYIL HOUSE, AVOLI P.O.,
MUVATTUPUZHA, PIN-686 667.
6. SARAMMA PAILY, W/O. PAILY, M/O. LATE C.P.GEORDY, CHAKKALAKUDIYIL HOUSE, AVOLI P.O., MUVATTUPUZHA, PIN-686 667.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 18-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
bp
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** O.P (DRT) No.1119 of 2011
Dated this the 18th day of November 2016
J U D G M E N T
This original petition is filed seeking for the following directions:
“(i) To issue an order or direction directing the 1st respondent to pass final orders in the interim relief for stay sought in SA 195/2008.
(ii) To issue an order or direction to the 1st respondent directing him to dispose of the cases pending before it in tune with Section 17(5) of the SARFAESI Act.”
filing of the original petition. If at all the matter is pending, the Debts Recovery Tribunal shall endeavour to dispose of the same, as early as possible.
This original petition is closed.
Sd/-
(A.M.SHAFFIQUE, JUDGE)
jsr
PUNJAB NATIONAL BANK, ASSET RECOVERY MANAGEMENT BRANCH, MARKET ROAD, ERNAKULAM
DEBTS RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP)
ALEXANDER, S/O. LATE C.P.GEORDY
ALBERT, S/O. LATE C.P.GEORDY
ANGELEENA, D/O. LATE C.P.GEORDY
SOPHY GEORDY, D/O. LATE C.P.GEORDY
A.M.SHAFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
