The High Court allowed the petitioner's application for an extension of time to comply with the Debt Recovery Tribunal's repayment order, granting an expanded deadline due to pleaded financial hardship.
Extension of time granted to pay Rs. 3,00,000 by 30.04.2016 and balance Rs. 2,00,000 by 30.05.2016.
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
TUESDAY, THE 29TH DAY OF MARCH 2016/9TH CHAITHRA, 1938
OP (DRT).No. 35 of 2016 (O)
AGAINST THE ORDER IN SA 111/2016 of DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER:
HARISHKUMAR K.A
S/O. APPUKUTTAN PILLAI,AGED 32 YARS, KOTTATHU HOUSE, THOPPIL , VAZHAKKALA, NOW RESIDING AT VALLUVALLY, KOONAMMAVU P.O, ERNAKULAM 683518
BY ADVS. SRI.N.SASI SMT.T.M.BINITHA
RESPONDENT(S):
AUTHORISED OFFICER ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD, P.B NO. 4,KAKKANAD P.O, KOCHI 682 030
BY SMT.I.SHEELA DEVI, SC, ERNAKULAM DIST.CO.OP.BANK LTD
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 29-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT).No. 35 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 TRUE COPY OF THE 13(2) NOTICE ISSUED BY THE RESPONDENT DATED 16-1-2015
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A.TO JUDGE
sm
A.K.JAYASANKARAN NAMBIAR, J.
O.P.(DRT)No. 35 of 2016
JUDGMENT
The challenge in the OP(DRT) is against Ext.P5 order, whereby, the Debts Recovery Tribunal [DRT] directed the petitioner to remit a payment of Rs.3,00,000/- on or before 29.03.2016 and the balance amount of Rs.2,00,000/- on or before 30.04.2016. The petitioner states that, on account of financial hardship, he is not in a position to comply with the directions in Ext.P5 order, and hence the limited prayer of the petitioner in the OP(DRT) is for an extension of time to comply with the directions in Ext.P5 order of the DRT.
O.P.(DRT).No.35 of 2016
: 2 :
before 30.05.2016, the said payment shall be treated as in compliance with the directions in Ext.P5 order of the DRT and the DRT shall thereafter proceed to consider the S.A. on merits.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE
sm/
1 issue framed by the court
Whether the petitioner should be granted an extension of time to comply with the repayment directions of the Debt Recovery Tribunal due to financial hardship.
Harishkumar K.A
Authorised Officer Ernakulam District Co-operative Bank Ltd
A.K. Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
