Disposed

Komalam v. the Federal Bank Ltd.

Kerala HC12 Jul 2016OP (DRT)/1438/2013

Case brief

AI extract

What is this about?

The High Court disposed of a petition challenging an interim attachment of petitioners' rent in a debt recovery matter. The Court directed the Tribunal to dispose of the original application within three months and kept the stay order in abeyance.

What did the court decide?

Directing the Tribunal to dispose of O.A.No.134 of 2013 within three months and keeping the interim stay direction in abeyance.

Komalam Vs the Federal Bank Ltd. — Banking and Recovery | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

TUESDAY, THE 12TH DAY OF JULY 2016/21ST ASHADHA, 1938

¶5

OP (DRT).No. 1438 of 2013 (O) -----------------------------OA 134/2013 OF DEBTS RECOVERY TRIBUNAL, ERNAKULAM (KERALA AND LAKSHADWEEP).

¶6

PETITIONER(S):

¶7

1. KOMALAM, PARAYIL HOUSE, PARAYIL LANE, M.G.ROAD, THRISSUR DISTRICT, PIN-680004.

¶8

2. MEERA, PARAYIL HOUSE, PARAYIL LANE, M.G.ROAD, THRISSUR DISTRICT, PIN-680004.

¶9

3. MIRAJ,PARAYIL HOUSE, PARAYIL LANE, M.G.ROAD, THRISSUR DISTRICT, PIN-680004.

¶10

4. MINI,PARAYIL HOUSE, PARAYIL LANE, M.G.ROAD, THRISSUR DISTRICT, PIN-680004.

¶11

BY ADV. SRI.MATHEW KURIAKOSE

¶12

RESPONDENT(S):

¶13

1.THE FEDERAL BANK LTD, REGISTERED OFFICE, ALUVA, THRISSUR MAIN BRANCH, PIN-680004.

¶14

2.M/S.VAIDYARATHNAM P.S.WARRIERS ARYA VAIDYASALA, KOTTAKKAL, THRISSUR BRANCH, NO.38/638(A), GROUND FLOOR, PARAYIL HOUSE, PARAYIL LANE, M.G.ROAD, THRISSUR DISTRICT-680004, KERALA.

¶15

3.THE RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS REGIONAL DIRECTOR.

¶16

R1 BY ADVS.SRI.MOHAN JACOB GEORGE

¶17

SMT.P.V.PARVATHI SMT.REENA THOMAS

¶18

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 12-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

mbr/

¶20

OP (DRT).No. 1438 of 2013 (O)

¶21

APPENDIX

¶22

PETITIONER(S)' EXHIBITS:

¶23

EXHIBIT	P 1 :	PHOTOCOPY OF AWARD PASSED BY THE LOK ADALATH VIDE PLP NO.1123/05 DT.10-12-2005.
EXHIBIT	P2 :	PHOTOCOPY OF JUDGMENT OF THIS HONOURABLE COURT, DT.17-1-2008, RENDERED IN WPC 917/2008 H.
EXHIBIT	P3 :	PHOTOCOPY OF CERTIFICATE DT.22-1-2008 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT	P4 :	PHOTOCOPY OF AFFIDAVIT AND PETITION DT.14-3-2013 IN IA 923/2013 IN OA 134 OF 2013 FILED BY 1ST PETITIONER BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM.
EXHIBIT	P 5 :	PHOTOCOPY OF ORDER DT.19-3-2013 IN IA 923/2013 IN OA 134/2013 RENDERED BY THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM.
EXHIBIT	P 6 :	PHOTOCOPY OF LETTER DT.22-3-2010 SUBMITTED BY DIVAKARAN PARAYIL TO THE 1ST RESPONDENT.
EXHIBIT	P7 :	PHOTOCOPY OF LETTER DT.26-10-2010 SUBMITTED BY DIVAKARAN PARAYIL TO THE 1ST RESPONDENT.
EXHIBIT	P 8 :	PHOTOCOPY OF LETTER DT.5-10-2009 SUBMITTED BY DIVAKARAN PARAYIL TO THE 1ST RESPONDENT.
EXHIBIT	P 9 :	TRUE COPY OF THE LETTER DATED 12.4.2013 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT	P 10 :	PHOTOCOPY OF CALCULATION STATEMENT SHOWING THE AMOUNT DUE AS ON 25.11.2013 AS PER THE AWARD PASSED IN LOK-ADALATH ON 10.12.2005 SUBMITTED BY THE BANK.
EXHIBIT	P 10 :	PHOTOCOPY OF CALCULATION STATEMENT SHOWING THE AMOUNT DUE AS ON 25.11.2013 AS PER THE AWARD PASSED IN LOK-ADALATH ON 10.12.2005 PREPARED BY PETITIONER.

¶24

RESPONDENT(S)' EXHIBITS:

¶25

EXT.R1(A): COPY OF THE STATEMENT OF ACCOUNT PERTAINING TO TERM LOAN OF RS.6,16,703/- IN THE NAME OF DIVAKARAN PARAYIL-A/C NO.IPS 1046.

¶26

--2--

¶27

--2--

¶28

OP (DRT).No. 1438 of 2013 (O)

¶29

EXT.R1(B):	COPY OF THE STATEMENT OF ACCOUNT PERTAINING TO TERM LOAN OF RS.10 LAKHS IN THE NAME OF PARAYIL AGENCIES-A/C NO.IPS.
EXT.R1(C):	COPY OF THE STATEMENT OF ACCOUNT PERTAINING TO TO OVER DRAFT CREDIT LIMIT OF RS.25 LAKHS IN THE NAME OF PARAYIL AGENCIES - A/C NO.ODCC 2637.
EXT.R1(D):	COPY OF THE STATEMENT OF ACCOUNT PERTAINING TO DEMAND LOAN OF 16,45,685/-A/C NO.
EXT.R1(E):	STATEMENT SHOWING THE CONSOLIDATED AMOUNTS UNDER THE ACCOUNTS AS ON 31.7.2005.
EXT.R1(F):	COPY OF THE DEMAND PROMISSORY NOTE EXECUTED FOR THE AVAILMENT OF THE TERM LOAN OF RS.6,16,703.
EXT.R1(G):	COPY OF THE AGREEMENT EXECUTED FOR THE AVAILMENT OF THE TERM LOAN OF RS.6,16,703/-
EXT.R1(H):	COPY OF THE DEMAND PROMISSORY NOTE EXECUTED FOR THE AVAILMENT OF TERM LOAN OF RS.10 LAKHS.
EXT.R1(I):	COPY OF THE AGREEMENT EXECUTED FOR THE AVAILMENT OF TERM LOAN OF RS.10 LAKHS.
EXT.R1(J):	COPY OF THE DEMAND PROMISSORY NOTE EXECUTED FOR THE AVAILMENT OF OVERDRAFT CASH CREDIT LIMIT OF RS.25 LAKHS.
EXT.R1(K):	COPY OF THE AGREEMENT NOTE EXECUTED FOR THE AVAILMENT OF OVERDRAFT CASH CREDIT LIMIT OF RS.25 LAKHS.
EXT.R1(L):	COPY OF THE DEMAND PROMISSORY NOTE EXECUTED FOR THE AVAILMENT OF DEMAND LOAN OF RS.16,45,685/-.
EXT.R1(M):	COPY OF THE AGREEMENT EXECUTED FOR THE AVAILMENT OF DEMAND LOAN OF RS.16,45,685/-
EXT.R1(N):	STATEMENT SHOWING THE RATE OF INTEREST IN THE ACCOUNTS.
EXT.R1(O):	COPY OF SECTION 13(2) NOTICE DATED 10.11.2006.
EXT.R1(P):	COPY OF THE POSSESSION NOTICE DATED 12.4.2007.
	//TRUE COPY//
	P.S. TO JUDGE

¶30

mbr/

¶31

A.M. SHAFFIQUE, J.

¶32

------------------------------------- O.P. (DRT) No. 1438 of 2013

¶33

Dated this the 12^th day of July, 2016

¶34

JUDGMENT

¶35

This original petition is filed challenging an interim order passed by the Debt Recovery Tribunal in I.A.No.923 of 2013 in O.A.No.134 of 2013, by which the rent due to the petitioners were attached on the basis of an application filed by the respondent Bank. While admitting the above original petition, an interim order had been passed staying garnishee proceedings.

¶36

It is submitted by the learned counsel for the petitioners that the petitioners had been regularly remitting the amount due to the Bank as per directions issued by this Court. It is also submitted that the petitioners are taking steps to settle the matter with the Bank.

¶37

Having regard to the fact that the matter had been pending since quite a long time, I do not think that there is

¶38

O.P. (DRT) No. 1438 of 2013

¶39

-2-

¶40

any reason to consider the contentions urged by the parties on

¶41

merits. That apart, the impugned order is interlocutory in nature and therefore, it will be appropriate to direct the Tribunal to dispose of the Original Application itself within a time frame.

¶42

In the result, this original petition is disposed of as under:

¶43

(i) The Tribunal shall dispose of O.A.No.134 of 2013

¶44

within a period of three months from the date of receipt of a copy of this judgment.

¶45

(ii) Until disposal of O.A.No.134 of 2013, the interim

¶46

direction dated 19.3.2013 shall be kept in abeyance.

¶47

(iii) In the meantime, it shall be open for the petitioners

¶48

to take up the matter before the respondent Bank and settle the issue.

Sd/-

A.M. SHAFFIQUE

JUDGE

Scl/12.07.2016

Komalam v. the Federal Bank Ltd.

Case brief

What is this about?

What did the court decide?

Komalam v. the Federal Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S. Varunni Plantations Vs Agricultural Income Tax

M/S.Beta Cashews & Allied Products Pvt.Ltd. Vs the Commissioner of Income Tax

Mohanan Varappurath Vs State Bank of India

Pathummakkutty. M. Vs Senior Superintendent

C.Najeeb Vs K.S.E.B

M/S.Kannamthanam Vs State of Kerala