Dismissed

Sebastian T.T v. the Authorised Officer

Kerala HC5 Aug 2016OP (DRT)/56/2016

Case brief

AI extract

What is this about?

filed to stay proceedings before the DRT Ernakulam citing non-functioning of the DRAT. The petitioner failed to deposit the ordered security amounts despite earlier interim relief. This O.P. was dismissed as the petitioner was not entitled to further indulgence. The challenge to the RBI order was also rejected.

What did the court decide?

Petition dismissed; challenge to Ext.P1 rejected; no stay granted.

Sebastian T.T Vs the Authorised Officer — Execution and Attachment | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

FRIDAY, THE 5TH DAY OF AUGUST 2016/14TH SRAVANA, 1938

¶5

SA 276/2016 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM

¶6

PETITIONER(S):

¶7

SEBASTIAN T.T.,

¶8

S/O T.O. THOMAS, THAIKOODATHIL HOUSE, KAKANAD P.O., VAZHAKKALA - 682 030.

¶9

BY ADVS.SRI.P.SANJAY SMT.A.PARVATHI MENON

¶10

RESPONDENT(S):

¶11

1. THE AUTHORISED OFFICER, INDIAN OVERSEAS BANK, ERNAKULAM BRANCH, OPP KAVITHA THEATRE, 1ST FLOOR, THEKKEKARA MANSION, MG ROAD, ERNAKULAM, KOCHI - 682 035.

¶12

2. THE MANAGER, INDIAN OVERSEAS BANK, ERNAKULAM BRANCH, OPP KAVITHA THEATRE, 1ST FLOOR, THEKKEKARA MANSION, MG ROAD, ERNAKULAM KOCHI - 682 035.

¶13

3. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE, NEW DELHI - 110 001.

¶14

R1 & R2 BY ADVS. SRI.K.N.SIVASANKARAN

¶15

SRI.SUNIL SHANKER R3 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

¶16

SRI.B.RAMACHANDRAN, CGC

¶17

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 05-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

msv/

¶19

OP (DRT).No. 56 of 2016 (O)

¶20

APPENDIX

¶21

PETITIONER(S)' EXHIBITS

¶22

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 17-05-2016 EXHIBIT P2 TRUE COPY OF THE APPEAL MEMORANDUM FILED BY PETITIONER BEFORE THE DRAT EXHIBIT P3 TRUE COPY OF NA ORDER IN W.P NO 17871/2016 DATED 11-05-2016 PASSED BY THE HON'BLE HIGH COURT OF MADRAS

¶23

RESPONDENT(S)' EXHIBITS:

¶24

------------------------

¶25

EXT.R1(a): TRUE COPY OF POSSESSION NOTICE

//TRUE COPY//

P.S.TO JUDGE

Msv/

A.M.SHAFFIQUE, J.

¶30

O.P.(DRT).No.56 of 2016

¶31

----------------------------------- Dated this the 5^th day of August, 2016

¶32

J U D G M E N T

¶33

This original petition has been filed inter alia seeking for a direction to keep in abeyance all further proceedings in S.A.No.276/2016 on the file of the Debts Recovery Tribunal, Ernakulam on the ground that the Debts Recovery Appellate Tribunal is not functioning presently. In order to give a breathing time to the petitioner to agitate the order passed by the Debts Recovery Tribunal, by an interim order dated 01.06.2016 this Court directed the Advocate Commissioner to defer taking possession of the premises on the petitioner depositing 10 lakhs, which was paid₹ belatedly. A further direction had been issued on 19.07.2016 directing the petitioner to remit a further amount of 25 lakhs within₹ a period of two weeks. As matter stands now, the petitioner had not remitted any such amount. Under such circumstances, I don't think that the petitioner is entitled for any further indulgence from this Court.

¶34

Ext.P1 is the order passed by the Debts Recovery Tribunal on 17.05.2016. It is only an interim order by which the petitioner was called upon to deposit 50 lakhs in two instalments. I don't find₹ any reason to interfere with Ext.P1 order as the said order itself is discretionary in nature. Further, the petitioner has not even

¶35

O.P.(DRT).No.56 of 2016

¶36

¶37

complied with the directions issued by this Court, by which enlargement of time was granted and some concessions were also extended.

¶38

Hence, I don't think that there is any merit in the contentions urged by the petitioner in challenging Ext.P1. This O.P.(DRT) is, therefore, dismissed.

¶39

Sd/-

¶40

A.M.SHAFFIQUE, JUDGE.

¶41

Sebastian T.T v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

Sebastian T.T v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Aparna M.S. Vs Apj Abdul Kalam Technological University

M/S. D.C. Mills Vs State Bank of India

T.C. Mathew Vs Kerala State Electricity Board

The Assistant Executive Engineer Vs Consumer Grievance Redressal Forum

Saritha.M.K. Vs State of Kerala

Balachandran Vs the District Collector