Allowed

Azeez K.P v. Official Liquidator, High Court of Kerala

Kerala HC5 Dec 2016OP (DRT)/114/2016

Case brief

AI extract

What is this about?

The High Court of Kerala issued a direction to the Debt Recovery Tribunal-II to dispose of a pending appeal challenging a property sale without further delay, specifically within three months, dismissing the need for further notice to certain respondents.

What did the court decide?

Directed the Debt Recovery Tribunal-II to dispose of Appeal No.12/14 within three months of the date of receipt of this judgment.

Azeez K.P Vs Official Liquidator, High Court of Kerala — Banking and Recovery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 5TH DAY OF DECEMBER 2016/14TH AGRAHAYANA, 1938

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OP (DRT).No. 114 of 2016 ()

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DRC.NO.418 IN OA.NO.1115/99 OF DEBT RECOVERY TRIBUNAL-II(KERALA & LAKSHADWEEP), ERNAKULAM.

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PETITIONER(S)/RESPONDENTS 3 & 5:

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1. AZEEZ K.P, S/O.LATE KUNHAMMED, AGED 49 YEARS, KANNIPOYIL HOUSE, ERAVATHUR. P.O,VIA. PERAMBRA, KOZHIKODE DISTRICT, PIN - 673 525.

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2. P.PRAVITH, S/O.PRABHAKARAN,

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AGED 34 YEARS, RESIDING AT PARAYIL HOUSE, KALPATHOOR. P.O, VIA. MEPPAYOOR, PIN - 673 524.

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BY SRI.K.GOPALAKRISHNA KURUP (SENIOR ADVOCATE) ADVS.SRI.K.SURESH SMT.DEEPTHI S.MENON

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RESPONDENT(S)/APPELLANT & RESPONDENTS 1,2,4 & 6.:

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1. THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA ON BEHALF OF M/S.JYOMAN PROPERTIES AND DEVELOPERS LTD. (IN LIQN), COMPANY LAW BHAVAN, 3RD FLOOR, THRIKKAKARA. P.O, KOCHI- 682 021.

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2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP), KSHB BUILDING, PANAMPILLY NAGAR, KOCHI - 682 016.

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3. THE CHIEF MANAGER, STATE BANK OF INDIA, KALLAI ROAD, KOZHIKODE BRANCH, KERALA - 673003.

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4. ASSAINAR. A.K, S/O.MOOSA, ERAVATTUMKANDY, KOZHUKKALLUR AMSOM, NARAKKODE DESOM, KOYILANDY TALUK - 673305.

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--2--

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--2--

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OP (DRT).No. 114 of 2016 ()

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5. ABDULLAH, S/O.KUNHAMMED, PUTHENPURAYIL HOUSE, THRIPPANGOTTU AMSOM, VILAKOTTUR DESOM, THALASSERY - 670101.

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R1 BY ADV. SRI.K.MONI R3 BY ADV. SMT.BINDUMOL JOSEPH

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 05-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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OP (DRT).No. 114 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1 : TRUE COPY OF THE ORDER DATED 11.7.2011 ISSUED BY THE 2ND RESPONDENT CONFIRMING THE SALE OF THE ABOVE PROPERTY IN FAVOUR OF THE PETITIONERS. EXHIBIT P2 : TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 4.12.2013 IN REPORT NO.45 IN C.P. NO.13/2000. EXHIBIT P3 : TRUE COPY OF THE MEMORANDUM OF APPEAL NO.12/2014 FILED BY THE 1ST RESPONDENT BEFORE THE DEBT RECOVERY TRIBUNAL (KERALA AND LAKSHADWEEP), ERNAKULAM ON 2.1.2014, ALONG WITH SUMMONS, SERVED ON THE PETITIONERS. RESPONDENT(S)' EXHIBITS: NIL -----------------------

//TRUE COPY//

P.S. TO JUDGE

mbr/

**A.M.SHAFFIQUE, J * * * * * * * * * * * *** O.P (DRT) No.114 of 2016

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Dated this the 5^th day of December 2016

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J U D G M E N T

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This original petition has been filed only seeking for a direction to the Debts Recovery Tribunal-II (Kerala and Lakshadweep) to take up Appeal No.12/14 and dispose of the same without any further delay.

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It is submitted that the petitioner is a purchaser of property from the 3^rd respondent Bank. Appeal No.12/14 has been filed by the Official Liquidator, High Court of Kerala challenging the sale held at the instance of the Recovery Officer attached to the Debts Recovery Tribunal on the ground of material irregularity in the conduct of sale. It is submitted that, so far the appeal has not been disposed of and since July 2016, there is no posting for the case.

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Having regard to the aforesaid submission, I am of the view that this original petition can be disposed of without issuing notice to respondents 4 and 5. Notice has already been served to the 3^rd respondent and the learned Standing Counsel appearing for the Official Liquidator.

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O.P (DRT) No.114/2016

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Hence the writ petition is disposed of as under: The Debts Recovery Tribunal-II shall dispose of Appeal No.12/14 in DRC No.418 in O.A.No.1155/1999 as early as possible and not later than three months from the date of receipt of a copy of this judgment.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

Azeez K.P v. Official Liquidator, High Court of Kerala

Case brief

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Azeez K.P v. Official Liquidator, High Court of Kerala

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