Disposed
Kumari Manoharan v. Authorised Officer, Sbt, Piravom
Kerala HCOP (DRT)/29/2016
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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
TUESDAY, THE 22ND DAY OF MARCH 2016/2ND CHAITHRA, 1938
OP (DRT).No. 29 of 2016 (O)
---------------------------(I.A.NO.789/2016 IN SA.NO. 833/2013 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM)
PETITIONER(S)/APPLICANTS :
1. KUMARI MANOHARAN @ AJITHA, AGED 50 YEARS, W/O. MANOHARAN, VALIYAVEETTIL HOUSE, MULAKKULAM NORTH KARA, PIRAVOM VILLAGE, ERNAKULAM DISTRICT.
2. KUMARI MANOHAR SANKAR (MINOR), AGED 14 YEARS, S/O. MANOHARAN, REPRESENTED BY HIS MOTHER AND 1ST PETITIONER KUMARI MANOHARAN @ AJITHA, VALIYAVEETTIL HOUSE, MULAKKULAM NORTH KARA, PIRAVOM VILLAGE,
ERNAKULAM DISTRICT.
BY ADVS. SRI.N.G.SURENDRAN SRI.T.A.SHAIN
RESPONDENT(S)/DEFENDANTS :
1. AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, PIRAVOM BRANCH, ERNAKULAM DISTRICT, PIN-686 664
2. MANOHARAN, S/O. KARUNAKARAN, VALIYAVEETTIL HOUSE, MULAKKULAM NORTH KARA, PIRAVOM VILLAGE, ERNAKULAM DISTRICT, PIN-686 664
BY SRI.SANTHOSH MATHEW SRI.SATHISH NINAN
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 22-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.29/2016
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
A.K.JAYASANKARAN NAMBIAR, J. ............................................................. O.P.(DRT).No.29 of 2016
............................................................. Dated this the 22nd day of March, 2016
J U D G M E N T
The limited prayer of the petitioner in the O.P(DRT) is for a direction to the Debt Recovery Tribunal, Ernakulam, to consider and pass final orders on the restoration application preferred by her before the said Tribunal expeditiously and to keep in abeyance the recovery steps initiated at the instance of the respondent bank till then.
On a consideration of the facts and circumstances of the case and the submissions made across the bar and taking note of the fact that the Ext.P2 restoration application preferred by the petitioner is pending consideration before the Debt Recovery Tribunal. The OP(DRT) is disposed directing the Debt Recovery Tribunal to consider and pass orders in I.A.No.789/2016 in
-2-
O.P.(DRT). No.29 of 2016
S.A.No.833/2013 on the next posting date itself, after hearing the petitioner and the respondent bank. It is made clear that till such time as orders are passed by the Debt Recovery Tribunal as directed, the petitioner shall not be dispossessed from the property which she is stated to be currently occupying.
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/22.3.16
2 provisions across 1 enactments
KUMARI MANOHARAN @ AJITHA
KUMARI MANOHAR SANKAR
AUTHORISED OFFICER, STATE BANK OF TRAVANCORE
MANOHARAN
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court