Mrs. Geena George v. Hdfc Bank Limited
Case brief
What is this about?
This court considered a writ petition seeking directions to the Debt Recovery Tribunal to admit late applications for setting aside an ex-parte order and an extension of time to vacate a residential property refused by the bank. The court dismissed the request for further consideration of the ex-parte order but granted a one-month extension to vacate the premises from the date of notice.
What did the court decide?
Petitioners directed to vacate premises within one month from 14.10.2016; Advocate Commissioner authorized to take possession thereafter without further notice.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938
OP (DRT).No. 94 of 2016 (O)
OA 393/2013 OF DEBT RECOVERY TRIBUNAL-I, ERNAKULAM.
PETITIONER(S):
1. MRS. GEENA GEORGE, AGED 54 YEARS, W/O.C.V.GEORGE, PROPRITERIX, M/S.MARIAM RUBBERS, RUBBER DEALER, KADAYIRUPPU P.O., KOLENCHERY, ERNAKULAM, NOW RESIDING AT CHARAKUNNATH HOUSE, MADAVOOR P.O., MUVATTUPUZHA-686669.
2. MR.C.V. GEORGE, AGED 54 YEARS, S/O. VARKEY, CHARAKUNNATH HOUSE, MADAVOOR P.O., MUVATTUPUZHA, PIN -686 669.
BY ADVS.SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN
RESPONDENT(S):
Issues for consideration
2 issues framed by the court
Whether the debt recovery tribunal is required to be directed to consider applications for setting aside ex-parte orders filed after the notice of dispossession was issued.
Whether to grant an extension of time for the petitioners to vacate a residential property secured by a bank loan pending disposal of an original application.
Parties & counsel
- petitioner
MRS. GEENA GEORGE
- petitioner
MR.C.V. GEORGE
- respondent
HDFC BANK LIMITED
- respondent
SMT.ANITHA JOHN K.
- respondent
DEBT RECOVERY TRIBUNAL-I, ERNAKULAM
Case details
As recorded by the court registry
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