Disposed

Sanoj V.E v. Syndicate Bank

Kerala HC4 Feb 2016OP (DRT)/7/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an original petition by directing the DRT to pass orders on a petition to set aside an ex-parte order and a condonation of delay petition. Recovery proceedings were directed to be kept in abeyance until the specified order date.

What did the court decide?

Discussed original petition; directed DRT to pass orders on specific petitions on 04.03.2016; stayed recovery proceedings.

Sanoj V.E Vs Syndicate Bank — Banking and Recovery | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶4

THURSDAY, THE 4TH DAY OF FEBRUARY 2016/15TH MAGHA, 1937

¶5

OP (DRT).No. 7 of 2016 (O)

¶6

OA 375/2009 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM

¶7

PETITIONER(S):

¶8

SANOJ V.E., AGED 36, S/O.EASAKHAN, ERATTUPETTA, KOTTAYAM, RESIDING AT XL V, 1030, VETTIKKAL, SRM ROAD, PACHALAM, ERNAKULAM.

¶9

BY ADVS.SRI.PRAVEEN K. JOY SRI.T.A.JOY

¶10

RESPONDENT(S):

¶11

--------------------------

¶12

SYNDICATE BANK, SHANMUGHAM ROAD BRANCH, ERNAKULAM, KOCHI - 682 031, REP. BY BRANCH MANAGER.

¶13

BY ADV. SRI.R.S. KALKURA, SC

¶14

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 04-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

msv/

¶16

OP (DRT).No. 7 of 2016 (O)

¶17

APPENDIX

¶18

PETITIONER(S)' EXHIBITS:

¶19

--------------------------------------

¶20

EXT.P1: THE TRUE PHOTOCOPY OF THE STAY ORDER IN SA.521/2011 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM.

¶21

EXT.P2: THE TRUE PHOTOCOPY OF THE PETITION TO SET ASIDE EX-PARTE ORDER IN OA.375/2009.

¶22

EXT.P3: THE TRUE PHOTOCOPY OF THE PETITION FOR CONDONATION OF DELAY IN OA.375/2009.

¶23

EXT.P4: THE TRUE PHOTOCOPY OF THE OBJECTION IN DRC 3993 IN OA.375/2009.

¶24

EXT.P5: THE TRUE PHOTOCOPY OF THE NOTICE OF THE RECOVERY OFFICER IN DRC 3993 IN OA.375/2009.

¶25

RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE

Ms v/

A.K.JAYASANKARAN NAMBIAR, J.

¶31

¶32

O.P.(DRT) No. 7 of 2016

¶33

- - - - Dated this the 4^th day of February 2016

¶34

JUDGMENT

¶35

The petitioner, who is aggrieved by an order of the Debts Recovery Tribunal (DRT) in O.A.No. 375/2009 has filed Ext.P2 petition before the DRT, for setting aside the ex-parte order in the above O.A, as also Ext.P3 petition for condonation of delay in filing Ext.P2 petition. It is stated that Exts.P2 and P3 petitions have been posted for orders before the DRT on 04.03.2016. Taking note of the said submission of counsel for the petitioner, I dispose the original petition with a direction to the DRT to pass orders on Exts.P2 and P3 petitions, on 04.03.2016 itself, after hearing the interested persons. Recovery proceedings pursuant to Ext.P5 notice, shall be kept in abeyance, till such time as orders are passed by the DRT, as directed.

¶36

Sd/-

¶37

A.K.JAYASANKARAN NAMBIAR JUDGE

¶38

sm/

Sanoj V.E v. Syndicate Bank

Case brief

What is this about?

What did the court decide?

Sanoj V.E v. Syndicate Bank

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

Yedhu Krishnan Vs the Federal Bank Ltd.

Antony Jishan Vs the Authorized Officer

Mary Xavier Vs the Secretary to Government

Ashok Kumar Vs the Authorized Officer, Union Bank of India

Mahesh Vs the Authorised Officer

M.K.Soman Vs the Authorised Officer