The Hon'ble Kerala High Court dismissed a writ petition filed in OP No. 464 of 2011, holding that the matter of limitation was left open and the writ petition was not entertained for substantive adjudication.
The writ petition was closed without deciding the substantive issue of limitation.
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.M.SHAFFIQUE
MONDAY, THE 18TH DAY OF JULY 2016/27TH ASHADHA, 1938
OP (DRT).No. 464 of 2011 (O)
PETITIONER(S)/PETITIONER:
VIJAYAKUMAR PETER, 58 YEARS, S/O.PETER, CHIRAYIL HOUSE, H.NO.XI/354, KODIKUTHUMALA, ASHOKAPURAM P.O., ALUVA, ERNAKULAM DIST.
BY ADV. SRI.A.F.SEBASTIAN
RESPONDENT(S):
1. HSBC BANK REP. BY THE AUTHORISED OFFICER, HARBOUR VIEW RESIDENCY, OPP. TO SHIPYARD, KOCHI-682 015, (THE SECURED CREDITOR).
2. MOHANDAS N.S., AGED 36 YEARS, S/O.M.G.MENON, SINDHU VILAS, ERATTAKULANGARA ROAD, PACHALAM P.O., KOCHI-12 (PURCHASER OF THE SECURED PROPERTY).
3. THE REGISTRAR, D.R.T., ERNAKULAM, KOCHI-16.
R1 BY ADV. SRI.VARGHESE C.KURIAKOSE R2 BY ADV. SRI.C.P.PEETHAMBARAN
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 18-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
OP (DRT).No. 464 of 2011 (O)
APPENDIX
PETITIONER(S)' EXHIBITS:
------------------------
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** O.P (DRT) No.464 of 2011
Dated this the 18th day of July 2016
J U D G M E N T
This writ petition is filed by a defaulter who had filed an application under Section 17 of the SARFAESI Act.
Therefore, leaving open the said right of the petitioner, this writ petition is closed.
(sd/-)
jsr
1 issue framed by the court
Whether the writ petition regarding the bar of limitation in an application under Section 17 of the SARFAESI Act should be entertained.
2 provisions across 1 enactments
Vijayakumar Peter
HSBC Bank
Mohandas N.S.
The Registrar, DRT, Ernakulam
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
