The High Court granted a two-month stay of recovery proceedings under the Debt Recovery Tribunal order dated 21.03.2016, allowing the petitioner an opportunity to pursue an application to set aside that order.
Recovery proceedings pursuant to the order dated 21.03.2016 of the Debt Recovery Tribunal shall be kept in abeyance for a period of two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 8TH DAY OF APRIL 2016/19TH CHAITHRA, 1938
OP (DRT).NO. 41 OF 2016 (O) ----------------------------
AGAINST THE ORDER/JUDGMENT IN OA 78/2009 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S):
GIRIJA S. AGED 59 YEARS FLAT NO.7B, DD VASTRA MAHAL MARKET ROAD, KOCHI-682 031
BY ADVS. SRI.REJI GEORGE SMT.SIJI JOY SRI.BINOY DAVIS
RESPONDENT(S):
1. THE RECOVERY OFFICER OFFICE OF THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL PANAMPILLY NAGAR KOCHI-682 036
2. BANK OF INDIA COLLEGE GROUND BRANCH ERNAKULAM-682 011 REPRESENTED BY ITS CHIEF MANAGER
R2 BY ADV. SRI.J.HARIKUMAR, SC, BANK OF INDIA
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 08-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT).NO. 41 OF 2016 (O)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF THE NOTICE DATED 23.02.2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
EXT.P2: TRUE COPY OF I.A.NO.1016/2016 IN O.A.NO.78/2009 FILED BY THE PETITIONER BEFORE THE DRT, ERNAKULAM
EXT.P3: TRUE COPY OF I.A.NO.1017/2016 IN O.A.NO.78/2009 FILED BY THE PETITIONER BEFORE THE DRT, ERNAKULAM
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. O.P.(DRT).No. 41 of 2016
............................................................. Dated this the 8th day of April, 2016
J U D G M E N T
The limited prayer of the petitioner in the O.P(DRT) is for a stay of recovery proceedings for a limited period so as to pursue an I.A filed by him before the Debt Recovery Tribunal for setting aside the order dated 21.03.2016 that was passed by the Debt Recovery Tribunal directing attachment of salary and other benefits of the petitioner.
On a consideration of the facts and circumstances of the case and the submissions made across the bar, I direct that recovery proceedings pursuant to the order dated 21.03.2016 of the Debt Recovery Tribunal shall be kept in abeyance for a period of two months so as to enable the petitioner to pursue the application for setting aside the order, referred to above, before the Debt Recovery Tribunal in the meanwhile.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/8.4.16
W.P.(C). No. of
-2-
2 issues framed by the court
Whether recovery proceedings should be stayed to enable the petitioner to pursue an application filed before the Debt Recovery Tribunal to set aside an order attaching salary.
Whether adjournment of recovery proceedings is permissible for a limited period.
GIRIJA S.
THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL PANAMPILLY NAGAR KOCHI-682 036
BANK OF INDIA COLLEGE GROUND BRANCH ERNAKULAM-682 011
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
