Dismissed
Dr.Lesley John v. South Indian Bank
Kerala HCOP (DRT)/119/2017
Case brief
from the order text
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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.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 6TH DAY OF OCTOBER 2017/14TH ASWINA, 1939 OP (DRT).No. 119 of 2017 (O) ----------------------------OA.28/2006 of DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S):
1. DR. LESLEY JOHN, S/O DR. M.C. JOHNY, PROPRIETOR, HOLY CROSS HOSPITAL, MANJALY HOUSE, PUDUKKAD, THRISSUR DISTRICT, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, DR.M.C JOHNY, S/O CHAKKAPPAN, MANJALY HOUSE, PUDUKKAD, THRISSUR DISTRICT.
2. DR. M.C. JOHNY, S/O CHAKKAPPAN, MANJALY HOUSE, PUDUKKAD, THRISSUR DISTRICT.
3. DR. SUSHEELA JOHNY, W/O DR. M.C. JOHNY, MANJALY HOUSE, PUDUKKAD, THRISSUR DISTRICT.
BY ADVS.SMT.S.SINDHU SRI.S.SHARAN
RESPONDENT(S):
SOUTH INDIAN BANK LIMITED HAVIND ITS REGISTERED OFFICE AT TRICHUR, AND A BRANCH AT PUDUKKAD, THRISSUR-680 301.
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 06-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
OP (DRT).No. 119 of 2017 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------EXHIBIT P1 A TRUE COPY OF THE POWER OF ATTORNEY DTD.18/6/1996 EXHIBIT P2 A TRUE COPY OF THE FINAL ORDER DTD.10/6/2010 IN OA NO.28/2006 OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. EXHIBIT P3 A TRUE COPY OF THE REVIEW PETITION DTD. 9/1/2013 FILED BY THE 1ST PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. EXHIBIT P4 A TRUE COPY OF THE PETITION TO CONDONE THE DELAY DTD.10/1/2013 FILED BY THE 1ST PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 8/6/2017 IN I.A NO.133/2013 FILED BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. EXHIBIT P6 A TRUE COPY OF THE WRITTEN STATEMENT DTD. 23/3/2006 FILED BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. RESPONDENT(S)' EXHIBITS -----------------------
NIL TRUE COPY
P.S. TO JUDGE
EL
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. O.P.(DRT).No.119 Of 2017
............................................................. Dated this the 6th day of October, 2017
J U D G M E N T
This O.P(DRT) is filed impugning Ext.P2 final order passed by the Debt Recovery Tribunal (DRT) and for a further prayer for a direction to the respondent to grant 20 instalments for repayment of the amounts due from the petitioner. When the matter came up for admission, it was noticed that Ext.P2 final order, which is impugned in the writ petition was passed in the year 2010. That apart, I also note that by Ext.P5 order passed by the Tribunal in an application for condoning the delay in filing a review petition against Ext.P2 order, the Tribunal found that there was no satisfactory explanation for the delay of 884 days in filing of the review petition and rejected the same. Under the said circumstances, I am of the view that the jurisdiction of this Court need not be exercised in a matter such as this where the petitioners are guilty of negligence in pursuing the litigation before the DRT. The O.P(DRT) fails and is accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/06.10.17
Dr. Lesley John and Others
South Indian Bank Limited
A.K.Jayasankaran Nambiar
As recorded by the court registry
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