Disposed
Chinju v. the Authorised Officer, Syndicate Bank
Kerala HCOP (DRT)/82/2014
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 8TH DAY OF NOVEMBER 2016/17TH KARTHIKA, 1938
OP (DRT).No. 82 of 2014 (O)
S.A.NO. 29/2013 OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S)/APPLICANT IN S.A.NO. 29/2013 BEFORE DRT :
1. CHINJU, AGED 29 YEARS, S/O.JANARDHANAN, SOFTWARE ENGINEER, SNV HOUSE, CHOZHIYAKODE P.O., KULATHUPUZHA, PATHANAPURAM.
2. NEEMA SURESH,
W/O. CHINJU AND D/O. SURESH BABU, KULAKKARODE VEEDU, KANDACHIRAYIL, DALI P.O., THINKALKARIKKAM VILLAGE, PATHANAPURAM, KOLLAM.
BY ADVS. SRI.PRAVEEN K. JOY SRI.T.A.JOY
RESPONDENT(S)/DEFENDANT :
1. THE AUTHORISED OFFICER, SYNDICATE BANK, REGIONAL OFFICE, RECOVERY CELL, THIRUVANANTHAPURAM- 10.
2. THE MANAGER,
3. J.RAJAN @ J.RAJADURAI PANDIAN, S/O. D.JAYA PANDIAN, T.C.NO. 3/60, KUNNIL VARUVILKATHU HOUSE, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM -695 004.
4. J.SELVAM @ J.SELVADURAI PANDIAN, S/O. D.JAYA PANDIAN,T.C.NO. 3/60, KUNNIL VARUVILKATHU HOUSE, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM -695 004.
BY ADV. SRI.M.P.ASHOK KUMAR
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 08-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT).No. 82 of 2014 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT-P1 TRUE COPY OF THE POSSESSION NOTICE DATED 20/12/2012. EXHIBIT-P2 TRUE COPY OF THE SECURITISATION APPLICATION 29/13 BEFORE DEBT RECOVERY TRIBUNAL, ERNAKULAM. EXHIBIT-P3 TRUE COPY OF THE ORDER DATED 09/01/2013. EXHIBIT-P4 TRUE COPY OF THE LETTER DATED 25/01/2013 ISSUED BY RESPONDENT BANK FOR RECEIPT FOR RS.1.5 LAKHS. EXHIBIT-P5 TRUE COPY OF THE RECEIPT OF RS.1.5 LAKHS. EXHIBIT-P6 TRUE COPY OF THE I.A.NO. 2564/2013 IN S.A.NO. 29/13 BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. EXHIBIT-P7 TRUE COPY OF THE REPRESENTATION BEFORE THE BANK.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** O.P (DRT) No.82 of 2014
Dated this the 8th day of November 2016
J U D G M E N T
Petitioners who claim to be the purchasers of a mortgaged secured asset had filed S.A.No.29/2013 before the Debts Recovery Tribunal, Ernakulam. While this original petition was filed on 29/08/2014, the petitioner sought for an early disposal of the securitisation application. Petitioner submits that he is ready and willing to pay the liability towards the Bank.
Accordingly, this original petition is disposed of as under:
The Debts Recovery Tribunal shall dispose of S.A.No.29/2013 within a period of six months from the date of receipt of a copy of this judgment.
jsr
2 issues framed by the court
Whether the High Court should interfere in a pending securitisation application before the Debt Recovery Tribunal.
Whether the principle of early disposal applies to pending securitisation applications.
Chinju
Neema Suresh
The Authorised Officer, Syndicate Bank
J. Rajan @ J. Rajadurai Pandian
J. Selvam @ J. Selvadurai Pandian
A.M. Shaffique
As recorded by the court registry
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