This writ appeal challenged the judgment in W.P.(C) No. 15826/2005 concerning a recovery certificate issued by the Debt Recovery Tribunal. The Court recorded submissions and closed the appeal without delivering a detailed decision.
The writ appeal was closed without a specific order on merits; parties directed to approach the recovery officer.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937
WA.No. 2073 of 2005 (C) IN WP(C).15826/2005
AGAINST THE JUDGMENT IN WP(C) 15826/2005 DATED 16-06-2005
APPELLANT/PETITIONER :
ANSU JOSEPH
BEEJAY ROSS CONSULTANTS (P) LTD. BUSINESS AT 39/5741 RAVIPURAM, M.G. ROAD, ERNAKULAM COCHIN-16.
BY ADV. SRI.GEORGE THOMAS (MEVADA)
RESPONDENTS/RESPONDENTS :
WA.No. 2073 of 2005 (C) IN WP(C).15826/2005
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
W.A. No. 2073 OF 2005
JUDGMENT
Shaffique, J.
This appeal has been filed challenging the judgment dated 16.06.2005 in W.P.(C) No. 15826 of 2005.
amounts which was deposited with the Bank. The Debt Recovery Tribunal has passed Ext.P9 order dated 10.02.2005 by which recovery certificate had been issued permitting the Bank to recover a sum of Rs.11,16,487.05 with interest and cost. It is also observed that the Bank is entitled to receive Rs.3,67,600/- deposited before the Sub Court, Kochi towards sale consideration and resumption of the property.
W.A. No. 2073 of 2005
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observed that it is for the petitioner to make a claim petition before the DRT as the said claim has not been addressed to or adjudicated by DRT in Ext.P9 order. Hence the writ petition was disposed of upholding Ext.P9 order and giving liberty to the petitioner to take appropriate steps in accordance with law. There was also a direction to give refund of the purchase money deposited to the petitioner immediately.
We take on record the above submission and close the writ appeal. It is open for the parties to approach the recovery
W.A. No. 2073 of 2005
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officer for getting the recovery certificate after making the adjustments aforesaid.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/07/01
1 issue framed by the court
Whether to allow the writ appeal challenging the judgment of the writ court regarding the recovery certificate and refund of purchase money.
ANSU JOSEPH
BEEJAY ROSS CONSULTANTS (P) LTD.
THE CATHOLIC SYRIAN BANK LTD
M/S. K.B. JOSEPH AND SONS
DEBT RECOVERY TRIBUNAL ERNAKULAM
ASHOK BHUSHAN
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
