The High Court dismissed the original petition challenging a DRT order denying production of documents. The court held no jurisdictional error or natural justice violation existed and noted an effective alternative remedy via appeal to the DRAT.
The O.P.(DRT) is dismissed with no alternative relief granted.
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 MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 6TH DAY OF OCTOBER 2017/14TH ASWINA, 1939
OP (DRT).No. 109 of 2017 (O)
I.A. 2640/2015 IN OA 353/2004 OF DEBTS RECOVERY TRIBUNAL-1,ERNAKULAM ---------------
PETITIONER(S)/PETITIONERS/DEFENDANTS 1 TO 3:
1. THE INTERNATIONAL MERCHANDISE TRADES & EXPORTS PVT. LTD, G-211, PANAMPILLY NAGAR, KOCHI - 682 036 REPRESENTED BY ITS MANAGING DIRECTOR, SRI. MR. M.A.K.AZAD, AGED 62, SON OF T. MOHAMMED GHANI.
2. SRI. M.A.K. AZAD, MANAGING DIRECTOR, M/S. INTERNATIONAL MERCHANDISE TRADES & EXPORTS PVT. LTD., G-211, PANAMPILLY NAGAR, KOCHI - 682 036.
3. FARIDAH HAJI VAHEED, DIRECTOR, M/S. INTERNATIONAL MERCHANDISE TRADES & EXPORTS PVT. LTD., G-211, PANAMPILLY NAGAR, KOCHI - 682 036.
BY ADVS.SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER SRI.S.SUDHEESH SRI.SAJEN THAMPAN
RESPONDENT(S)/RESPONDENT/APPLICANT:
THE FEDERAL BANK LTD, REGISTERED OFFICE, ERNAKULAM MARINE DRIVE, ERNAKULAM.
BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SMT.NIGI GEORGE
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 06-10-2017, THE COURT ON THE SAME DAY THE FOLLOWING:
K.V.
OP (DRT).No. 109 of 2017 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF I.A.NO. 2640 OF 2015 FILED BY THE PETITIONERS DATED 10.10.2015.
EXHIBIT P2 TRUE COPY OF OBJECTION FILED BY THE RESPONDENT IN I.A.NO. 2640 OF 2015 DATED 20.10.2016.
EXHIBIT P3 TRUE COPY OF ORDER IN I.A.2640/2015 IN O.A.353/2004 OF THE PRESIDING OFFICER, DRT-I, ERNAKULAM DATED 18.07.2017.
RESPONDENT(S)' EXHIBITS NIL
/TRUE COPY/
K.V. P.S.TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. O.P.(DRT).No.109 Of 2017
............................................................. Dated this the 6th day of October, 2017
J U D G M E N T
The petitioner has approached this Court impugning Ext.P3 order of the Debt Recovery Tribunal (DRT). Ext.P3 is an order passed by the DRT in an I.A seeking production of documents by the respondent bank. On a perusal of Ext.P3 order, I find that the Tribunal has given valid reasons as to why the prayer of the petitioner for a direction to the respondent bank to make available documents could not be accepted. I do not see Ext.P3 as vitiated by any jurisdictional error or violation of natural justice so as to interfere with the same in these proceeding under Article 227 of the Constitution of India. I also find that against Ext.P3 order, the petitioner has an effective alternative remedy by way of an appeal before the Debt Recovery Appellate Tribunal, if he so chooses, to impugn Ext.P3 order on merits. Thus the O.P(DRT) in its challenge against Ext.P3 order fails and is accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/06.10.17
2 issues framed by the court
Whether the High Court should interfere with the DRT order denying production of documents under Article 227 given the availability of an alternative remedy.
Whether the DRT order is vitiated by jurisdictional error or violation of natural justice.
2 provisions across 1 enactments
The International Merchandise Trades & Exports Pvt. Ltd.
The Federal Bank Ltd
A.K. Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
