Disposed

S.Meera v. Authorised Officer, Kollam District Co-Op. Bank

Kerala HC10 Aug 2016OP (DRT)/57/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed to direct the Debts Recovery Tribunal to dispose of an application on merits. The Court held that the Bank's demand of dues did not warrant a stay but directed the Tribunal to decide the pending application within two months.

What did the court decide?

Directed the Additional Bench DRT, Ernakulam to dispose of I.A.No.1773 of 2014 in S.A.No.236 of 2012 within two months of receiving the judgment.

S.Meera Vs Authorised Officer, Kollam District Co-Op. Bank — Banking and Recovery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 10TH DAY OF AUGUST 2016/19TH SRAVANA, 1938

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OP (DRT).No. 57 of 2016 (O)

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IA.1773/2014 IN SA.NO.236/2009 OF DEBTS RECOVERY TRIBUNAL, ERNAKULAM

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PETITIONER(S):

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S.MEERA, W/O.JAYAPRAKASH, VALAYATHU THOPPIL, AGED 5, KOLLAKA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT.

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BY ADV. SRI.R.ANILKUMAR

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RESPONDENT(S):

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1. AUTHORISED OFFICER, KOLLAM DISTRICT CO-OP. BANK, HEAD OFFICE, KOLLAM DISTRICT, PIN: 691 001.

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2. SENIOR MANAGER,

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KOLLAM DIST. CO-OPERATIVE BANK LTD. KARUNAGAPPALLY P.O., KOLLAM DISTRICT, PIN: 690 518.

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RBY SRI.T.R.HARIKUMAR, SC

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 10-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (DRT).No. 57 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1: TRUE PHOTOCOPY OF THE INTERIM ORDER PASSED ON 27/8/2009

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P2: THE TRUE PHOTOCOPY OF THE DD NO.00.1088 DATED 8/9/2009 UNION BANK OF INDIA

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P3: THE TRUE PHOTOCOPY OF THE ORDER IN IA. NO.766/2012 IN IA NO.236/2012 PASSED BY THE DRT,ERNAKULAM ON 8/3/2012.

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P4: THE TRUE PHOTOCOPY OF THE RECEIPT DATED 31/3/2012 DATED 31/3/2012

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P4(A): THE TRUE PHOTOCOPY OF RECEIPT DATED 28/4/2012

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P5: THE TRUE PHOTOCOPY OF THE PETITION TO SET ASIDE DISMISSAL FOR DEFAULT I.A NO.1773/2014 IN SA NO.236/2012FILED ON 23/7/201

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P6: THE TRUE PHOTOCOPY OF THE NOTICE DATED 3/5/2016 ISSUED BY THE 2ND RESPONDENT

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P7: THE TRUE PHOTOCOPY OF THE REQUEST SENT TO THE 2ND RESPONDENT ON 13/5/2016

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

A.M. SHAFFIQUE, J.

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O.P.(DRT).No.57 of 2016

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Dated this, the 10^th day of August, 2016

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J U D G M E N T

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This original petition is filed seeking for a direction to the Debts Recovery Tribunal to dispose of I.A.No.1773 of 2014 in S.A.No.236 of 2012 on merits. The said application has been filed to restore the securitisation application, which was dismissed on 10.07.2014.

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The petitioner submits that, in the meantime when the application is pending consideration, steps are being taken by the respondent Bank for recovering the amount and hence this writ petition is filed.

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It is submitted by the learned counsel appearing for the respondent Bank that only a registered notice had been issued calling upon the petitioner to remit the amount. The balance due to the Bank will come to 33,59,177/- as on 03.05.2016.₹

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Insofar as the Bank had only made a demand in terms of the outstanding dues, I don't think that this Court should stay further proceedings in the matter as far as the Bank is concerned. However, on account of the limited request made by the petitioner, this original petition is disposed of as under :

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That the Additional Bench Debts Recovery Tribunal, Ernakulam shall dispose of I.A.No.1773 of 2014 in

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O.P.(DRT).No.57 of 2016

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S.A.No.236 of 2012 as early as possible and not later than two months from the date of receipt of a copy of this judgment.

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Sd/-

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A.M. SHAFFIQUE, JUDGE

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S.Meera v. Authorised Officer, Kollam District Co-Op. Bank

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S.Meera v. Authorised Officer, Kollam District Co-Op. Bank

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