This judgment dismisses a writ petition as infructuous because the impugned order was upheld by the Appellate Authority and the substantive matter is pending before the Debt Recovery Tribunal, where all contentions can be raised.
The writ petition is dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 4TH DAY OF JANUARY 2017/14TH POUSHA, 1938 OP (DRT).No. 24 of 2014 (O) ---------------------------IA 1774/2009 SA 87/2007 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 24-08-2009 -----------
PETITIONER:
T.O.ALEYAS, THOTTATHIL HOUSE, RAMANCHIRA MUTHOOR P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.D.KISHORE SMT.MINI GOPINATH
RESPONDENTS:
1. THE AUTHORIZED OFFICER, CITY UNION BANK LIMITED, CENTRAL OFFICE, NO.1 FOREMAN (TSR), BIG STREET, KUMBAKONAM, TAMIL NADU - 612 001. 2. THE CITY UNION BANK LTD, RAMANCHIRA, THIRUVALLA, REPRESENTED BY ITS BANK MANAGER, PIN - 689 101. 3. T.O.ABRAHAM, THOTTATHIL HOUSE, THURTHICAUD P.O, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT - 689 597. 4. GIGY KURIAKOSE. THOTTATHIL HOUSE, THURTHICAUD P.O, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT - 689 597. 5. MRS.THANKAMMA BABY, 15/560,MARY SADANAM, THURUTHICAUD P.O, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT 689 597. 6. ABRAHAM BABY,S/O T.O BABY, 15/560,MARY SADANAM, THURUTHICAUD P.O, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT 689 597. 7. BOBY KURIAKOSE,S/O T.O.KURIAKOSE, VIII/370,THOTTATHIL HOUSE, THURUTHICAUD P.O, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT 689 597.
-2-
-2O.P(DRT) 24 OF 2014: --------------------
8. STEPHEN BABY,S/O LATE T.O.BABY, 15/560,MARY SAANAM, THURUTHICAUD P.O, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT 689 597.
9. BINOJ BABY,S/O LATE T.O BABY, 15/560,MARY SADANAM, THURUTHICAUD P.O,MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT 689 597.
10.M/S T.O ABRAHAM & COMPANY, ENGINEERS AND CONTRACORS PVT,LTD, ST.MARY'S BUILDING M.C.ROAD, RAMANCHIRA, THIRUVALLA 689101. REPRESENTED BY ITS MANAGING DIRECTOR T.O.ABRAHAM. R1,R2 BY ADV. SRI.P.SHRIHARI R4-R9 BY ADVS. SRI.ASISH K.JOHN SRI.K.K.JOHN THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 04-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
K. VINOD CHANDRAN, J.
=====================
O.P(DRT) No.24 of 2014 - O
====================== Dated this the 04th day of January, 2017
J U D G M E N T
The learned Counsel for the petitioner submits that
the order impugned herein has been upheld by the Appellate Authority and the securitisation application is at large before the Debts Recovery Tribunal. In such circumstance, the writ petition is rendered infructuous, since the appellate authority's order has not been challenged. The parties would be entitled to take up all contentions before the Debt Recovery Tribunal.
The writ petition would stand dismissed as
infructuous.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB/04/01/2017
// true copy //
P.A to Judge
1 issue framed by the court
Whether the writ petition is maintainable when the impugned order has been upheld by the Appellate Authority and the securitisation application is pending before the Debt Recovery Tribunal.
1 provisions across 1 enactments
T.O.ALEYAS
THE AUTHORIZED OFFICER, CITY UNION BANK LIMITED
THE CITY UNION BANK LTD
T.O.ABRAHAM
GIGY KURIAKOSE
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
