The High Court of Kerala dismissed an OP (DRT) for approaching the court again on the same facts after earlier dismissals and violation of directions, citing suppression of material facts. Costs were imposed.
Petitioner ordered to pay costs of Rs. 15,000 to Legal Services Authority within two weeks.
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.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937
OP (DRT).No. 16 of 2016 (O)
---------------------------(I.A.NO.77/2016 IN SA.NO. 20/2016 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM)
PETITIONER(S):
1. SHERLY SAM, AGED 40 YEARS,
2. M.J.SEBASTIN, AGED 43 YEARS,
BY ADV. SMT.M.A.SULFIA
RESPONDENT(S):
1. THE AUTHORISED OFFICER AND CHIEF MANAGER, STATE BANK OF TRAVANCORE, KAKKANAD CIVIL STATION, KAKKANAD CIVIL STATION, KAKKANAD.P.O., ERNAKULAM-682 030
2. THE CHIEF MANAGER,
3. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM,
R1 & R2 BY SRI.SANTHOSH MATHEW
SRI.SATHISH NINAN
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 18-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(DRT).NO.16/2016
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
A.K.JAYASANKARAN NAMBIAR, J.
O.P.(DRT). No. 16 of 2016
===================================================== Dated this the 18th day of February, 2016
JUDGMENT
The petitioner, who has challenged Ext.P2 order passed by the Debt Recovery Tribunal (DRT) in a Securatisation Application preferred by her before the DRT, had approached this Court on a number of occasions in past. In WP(C) No.1621 of 2015, which was filed by the petitioner, challenging the steps taken by the respondent bank for recovery of defaulted loan amount on an earlier occasion, this Court by judgment dated 23.01.2015, dismissed the writ petition, after finding that the petitioner had approached this Court on a still earlier occasion by WP(C) No.20967 of 2012 and had committed a breach of the directions granted by the judgment of this Court on that occasion. It was found that a fresh writ petition filed by the petitioner was not maintainable since the petitioner had not complied with the directions earlier issued by this Court. It is understood that against the judgment of this Court in WP(C) 1621 of 2015, the petitioner filed a review petition (RP.No.437 of 2015), which was also dismissed by this Court. It is thereafter that the petitioner has chosen to approach this Court yet again through the present OP (DRT), wherein no mention is made of the earlier proceedings,
-2-
O.P.(DRT). No. 16 of 2016
which were preferred by the petitioner and dismissed by this Court. In my view, a petitioner, who seeks to avail the discretionary relief of this Court or the equity jurisdiction of this Court, must come to this Court with clean hands and without suppressing material facts which may have a bearing on the outcome of his/her case. Inasmuch as I find that the petitioner has suppressed material facts, while filing this OP(DRT), while dismissing the OP(DRT) by holding that the petitioner is not entitled to the discretionary relief of this Court, I also impose on the petitioner costs of Rs.15,000/- (Rupees fifteen thousand only), which the petitioner shall pay to the Legal Services Authority, within a period of two weeks from today.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
das /18.02.2016
2 issues framed by the court
Whether the petitioner is entitled to prerogative relief when she has suppressed material facts regarding earlier dismissed petitions?
Whether the petitioner is restrained from fresh litigation in view of breach of prior directions?
Sherly Sam and M.J. Sebastin
The Authorised Officer and Chief Manager, State Bank of Travancore
The Chief Manager, Stressed Asset Resolution Centre
The Debt Recovery Tribunal, Ernakulam
A.K. Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
