Petitioner filed an order petition before the High Court directed the Debt Recovery Tribunal Ernakulam to expeditiously pass final orders in a discretional application by a specific date.
Direction to pass final orders in I.A. No.1976 of 2014 by 08.04.2016.
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
MONDAY, THE 4TH DAY OF APRIL 2016/15TH CHAITHRA, 1938
OP (DRT).No. 28 of 2016 ()
--------------------------IA NO. 1976 OF 2014 IN OA 322 OF 2009 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S)/3RD DEFENDANT:
OMANA, AGED 50 YEARS, W/O.BALAKRISHNAN NAIR, KRISHNA NIVAS, ERAVUKADU, THIRUVAMBADI, ALAPPUZHA.
BY ADV. SRI.T.K.VIPINDAS
RESPONDENT(S)/APPLICANT & 1ST DEFENDANT:
1. UNION BANK OF INDIA ALAPPUZHA BRANCH, KABEER PLAZA, MULLACKAL, ALAPPUZHA.
2. P.SHYAM ALIAS SHYAMRAJ PROPRIETOR, M/S.ARJUNA CONSTRUCTIONS, MURUKALAYAM, PUNNAPRA PO, NOW AT ARJUNAM, THIRUVAMBADI PO, ALAPPUZHA.
R1 BY SRI.A.S.P.KURUP, SC, UBI
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 04-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
OP (DRT).No. 28 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
P1: TRUE COPY OF THE LETTER OF GUARANTEE DATED 11.11.2005 EXECUTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT BANK
P2: TRUE COPY OF THE APPLICATION AS I.A.1976/2014 IN O.A.322/2009
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
A.K.JAYASANKARAN NAMBIAR, J. ............................................................. O.P.(DRT).No.28 of 2016
............................................................. Dated this the 4th day of April, 2016
J U D G M E N T
The O.P(DRT) is filed seeking a direction to the Debt Recovery Tribunal, Ernakulam, to consider and pass final orders in I.A.No.1976 of 2014 in O.A.No.322 of 2009 expeditiously after hearing the petitioner. When the O.P(DRT) came up for admission, I had called for a report from the Presiding Officer, Debt Recovery Tribunal as to the time required for passing final orders in the said I.A. By a report dated 22.03.2016, the Presiding Officer, Debt Recovery Tribunal has indicated that the Tribunal can pass orders in the I.A or or before 31.03.2016. Taking note of the said report, I dispose the O.P(DRT) by directing the Debt Recovery Tribunal, Ernakulam, to pass orders in the I.A positively on or before 08.04.2016.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/4.4.16
W.P.(C). No. of
-2-
1 issue framed by the court
Whether the Debt Recovery Tribunal should be directed to pass final orders in the discretional application in time.
OMANA
UNION BANK OF INDIA ALAPPUZHA BRANCH
P.SHYAM ALIAS SHYAMRAJ PROPRIETOR
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
