Disposed

State Bank of India v. M/S. Ideal Powertech Limited

Kerala HC10 Aug 2017OP (DRT)/70/2017

Case brief

AI extract

What is this about?

Petitioner sought direction to expedite O.A.15/2006 pending before DRT after original Presiding Officer recused himself. Court transferred O.A. and S.A.s to the Presiding Officer of Debts Recovery Tribunal II, Ernakulam, ensuring justice.

What did the court decide?

Order for transfer of O.A.15/2006 and S.A.s 124/2007 & 7/2008 to Debts Recovery Tribunal II, Ernakulam, to be completed within two weeks.

State Bank of India Vs M/S. Ideal Powertech Limited — Company and Corporate | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THURSDAY, THE 10TH DAY OF AUGUST 2017/19TH SRAVANA, 1939

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OP (DRT).No. 70 of 2017 (O)

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O.A.NO. 15 OF 2006 OF DEBTS RECOVERY TRIBUNAL, ERNAKULAM

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PETITIONER(S) :

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STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH(SARB), R.S.BUILDING, MG ROAD, COCHIN-682 011, REPRESENTED BY ITS CHIEF MANAGER.

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BY SRI.GEORGE THOMAS (MEVADA) (SENIOR ADVOCATE) ADVS. SRI.MANU GEORGE KURUVILLA SRI.AMAL GEORGE

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RESPONDENT(S) :

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1. M/S. IDEAL POWERTECH LIMITED, 5TH FLOOR, COLLIS ESTATE, M.G.ROD, RAVIPURAM, COCHIN-16.

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2. M/S. THOMAS EASAW LTD., 37/3997, VTH FLOOR, COLLIS ESTATE, M.G.ROAD, RAVIPURAM, COCHIN-16.

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3. MR.THOMAS EASAW, 37/1546, NETAJI NAGAR, COCHIN-20.

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4. MRS.GRACE THOMAS, 37/1546, NETAJI NAGAR, COCHIN-20.

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5. SRI.MATHAI EASAW, 37/1546, NETAJI NAGAR, COCHIN-20.

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6. THE DEBTS RECOVERY TRIBUNAL I, KERALA HOUSING BOARD BUILDING, PANAMPALLY NAGAR, COCHIN-36.

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..2/-

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..2..

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OP (DRT).No. 70 of 2017 (O)

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7. THE DEBTS RECOVERY TRIBUNAL II, KERALA HOUSING BOARD BUILDING, PANAMPALLY NAGAR, COCHIN-36.

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8. THE DEBTS RECOVERY APPELLATE TRIBUNAL, 4TH FLOOR, INDIAN BANK CIRCLE OFFICE, 55 ETHIRAJ SALAI, CHENNAI-600 008.

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 10-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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OP (DRT).No. 70 of 2017 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1 TRUE PHOTOCOPY OF DOCKET OF THE OA WITH THE DATE, STAMP AND SERIAL NUMBER OF THE DRT.

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EXHIBIT P2 TRUE PHOTOCOPY OF THE DEMAND DRAFT NO.048137 DATED 02/01/2016.

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EXHIBIT P3 TRUE PHOTOCOPY OF I.A.NO. 1888 OF 2016 FILED BY THE RESPONDENTS 1 TO 5 DATED 08/11/2016.

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EXHIBIT P4 TRUE PHOTOCOPY OF THE COUNTER AFFIDAVIT DATED 22/01/2017.

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EXHIBIT P5 TRUE PHOTOCOPY OF THE ORDER IN I.A.NO. 1888 OF 2006 DATED 24/01/2007.

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EXHIBIT P6 TRUE PHOTOCOPY OF THE I.A.NO. 127 OF 2008 DATED 18/01/2008 FOR REVIEWING THE ORDER.

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EXHIBIT P7 TRUE PHOTOCOPY OF THE STATEMENT DATED 17/08/2014 EXCLUDING THE ANNEXED EXHIBITS. EXHIBIT P8 TRUE PHOTOCOPY OF THE IA DATED 07/12/2015 FILED BY THE RESPONDENTS 1 TO 5 BEFORE THE DEBTS RECOVERY TRIBUNAL ERNAKULAM.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

A.K.JAYASANKARAN NAMBIAR, J.

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O.P.(DRT) No.70 of 2017

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- - - - Dated this the 10^th day of August, 2017

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JUDGMENT

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The petitioner has approached this Court seeking a direction to the Debts Recovery Tribunal (DRT) to expeditiously dispose O.A.15/2006 that is stated to be pending before the DRT, along with S.A. 124/2007 and S.A. 7/2008. It would appear that, the Presiding Officer of the DRT, that was originally hearing the matter, recused himself from hearing and deciding the matter, and sought a clarification from the President of the DRAT with regard to transfer of the matter to another bench of the DRT, for adjudication. I note that, in the meanwhile, an additional bench of the DRT has been constituted in Ernakulam, and hence, in the light of the reservations expressed by the earlier Presiding Officer, it would be in the interests of justice to transfer the O.A. and S.A.s referred above to the Presiding Officer of the Additional Bench of the Tribunal at Ernakulam.

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Accordingly, I dispose the OP(DRT) with a direction to the Registry of the DRT to transfer O.A.15/2006 and S.A.Nos. 124/2007 & 7/2008, to the Presiding Officer of the 7^th respondent Tribunal, namely, Debts Recovery Tribunal II, Ernakulam. The Registry shall do the needful to ensure compliance with the directions in this judgment, within a period of two weeks from the

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O.P.(DRT).No.70 of 2017

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: 2 :

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date of receipt of a copy of this judgment and intimate the parties of the posting of the case immediately thereafter.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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sm/

State Bank of India v. M/S. Ideal Powertech Limited

Case brief

What is this about?

What did the court decide?

State Bank of India v. M/S. Ideal Powertech Limited

Case brief

What is this about?

What did the court decide?

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