Sreekumar.K v. Uco Bank
Case brief
What is this about?
In an original petition taken with a status quo, this court directed the Debts Recovery Tribunal, Ernakulam, to take the traceable matter on file and dispose of it as expeditiously as possible on merits within three months, after finding that a prior order could not be traced despite diary entries.
What the court decided
A compact analysis
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
THURSDAY, THE 24TH DAY OF NOVEMBER 2016/3RD AGRAHAYANA, 1938
OP (DRT).No. 12 of 2016 (O)
SA.NO. 84/2009 OF DEBT RECOVERY TRIBUNAL,ERNAKULAM
PETITIONER/APPLLICANT IN SA NO.84/2009:
SREEKUMAR.K., AGED 43, S/O.SREEDHARAN PILLAI, KRISHNA NIVAS, RLFA 6A, CHUTTUPADUKARA, EDAPPALLY, KOCHI 24.
BY ADVS.SRI.PRAVEEN K. JOY SRI.T.A.JOY
RESPONDENT(S)/DEFENDANTS IN SA NO.84/2009:
1. UCO BANK, PB NO.281, MATTANCHERRY, KOCHI-2, REP. BY ITS CHIEF MANAGER.
Issues for consideration
2 issues framed by the court
Whether the Debts Recovery Tribunal should be directed to consider the matter on merits and pass a final order due to non-availability of the original judgment passed in the status quo adjudication.
Whether the endorsement of dismissal in the diary without a filed order renders the dismissal unenforceable given the lack of a filed order.
Parties & counsel
- applicant
Sreekumar.K.
- respondent
UCO Bank
Coram
A.M. Shaffique
Case details
As recorded by the court registry
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