Disposed
V.K.Abdul Salam v. Mini Manuel
Kerala HCOP (DRT)/89/2017
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 17TH DAY OF AUGUST 2017/26TH SRAVANA, 1939
OP (DRT).No. 89 of 2017 (O) ---------------------------APPEAL 9/2013 of DEBT RECOVERY TRIBUNAL, ERNAKULAM -----------
PETITIONER:
V.K.ABDUL SALAM
AGED 55 YEARS, S/O.KOCHAHAMMED, VADAKKEKUDIYIL HOUSE, POYYASSERY P.O, PERUMBAVOOR, ERNAKULAM, PIN-683542.
BY ADVS.SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. SRI.T.P.ABDUL HAMEED SRI.P.N.SAIBEN NIKKISH
RESPONDENT(S):
1. MINI MANUAEL, W/O.MANUEL JACOB, PICHAPPILLIL HOUSE, SOUTH PUNNAMATTOM, KADAVOOR P.O., ERNAKULAM, PIN-686671.
2. JACOB MANUAEL, S/O.MANUEL JACOB, PICHAPPILLIL HOUSE, SOUTH PUNNAMATTOM, KADAVOOR P.O., ERNAKULAM, PIN-686671.
3. EDBIN MANUAEL, S/O.MANUEL JACOB, PICHAPPILLIL HOUSE, SOUTH PUNNAMATTOM, KADAVOOR P.O., ERNAKULAM, PIN-686671.
4. ANEETA MANUAEL (MINOR), D/O.MANUEL JACOB, PICHAPPILLIL HOUSE, SOUTH PUNNAMATTOM, KADAVOOR P.O., ERNAKULAM, PIN-686671, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN MINI MANUEL/1ST RESPONDENT.
5. FEDERAL BANK LTD, KALLOORKAD BRANCH, ERNAKULAM, REPRESENTED BY ITS MANAGER, PIN-686668.
6. JOEMON JACOB,
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 17-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
OP (DRT).No. 89 of 2017 (O)
APPENDIX
| PETITIONER(S)' -------------- |
EXHIBITS --------- |
|---|---|
| EXHIBIT P1 |
TRUE COPY OF THE SALE CERTIFICATE IN FAVOUR OF PETITIONER EXECUTED IN ACCORDANCE WITH LAW. |
| EXHIBIT P2 |
TRUE COPY OF CERTIFICATE OF ENCUMBRANCE ON PROPERTY DATED 06-01-2011 ISSUED BY THE AUTHORITY CONCERNED. |
| EXHIBIT P3 |
TRUE COPY OF RECEIPT DATED 24-01-2008 FOR RS.7,15010/- ISSUED IN FAVOUR OF PETITIONER. |
| EXHIBIT P4 |
TRUE COPY OF RECEIPT DATED 08-02-2008 FOR RS.20,62,500/- ISSUED IN FAVOUR OF PETITIONER. |
| EXHIBIT P5 |
TRUE COPY OF ORDER DATED 07-05-2010 IN APPEAL NO.31 OF 2008 OF DEBT RECOVERY TRIBUNAL AT ERNAKULAM. |
| EXHIBIT P6 |
TRUE COPY OF INTERIM ORDER DATED 03-02-2011 IN OP(DRT)438 OF 2011. |
| EXHIBIT P7 |
TRUE COPY OF JUDGMENT DATED 14-12-2012 IN OP(DRT)438 2011. |
| EXHIBIT P8 |
TRUE COPY OF MEMO DATED 13-06-2011 IN DRC 1734, CONTAIN THE REPORT OF VILLAGE OFFICER, TO TAKE APPROPRIATE STEPS TO COMPLETE THE MEASUREMENT WITH THE ASSISTANCE OF POLICE. |
| EXHIBIT P9 |
TRUE COPY OF COMMON ORDER DATED 14-06-2012 IN IA NO.1446 AND 1447 OF 2011 IN APPEAL 31 OF 2008, DRT, ERNAKULAM. |
| EXHIBIT P10 |
TRUE COPY OF RELEVANT PAGES OF APPEAL MEMORANDUM OF APPEAL NO.9 OF 2013, DATED 29-07-2013 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM. |
| EXHIBIT P11 |
TRUE COPY OF COUNTER DATED 1-07-2016 FILED BY THE PETITIONER AGAINST APPEAL NO.9 OF 2013, PENDING BEFORE THE DEBT RECOVERY TRIBUNAL AT ERNAKULAM. |
| EXHIBIT P12 |
TRUE COPY OF ORDER DATED 05-09-2016 IN APPEAL NO.16 OF 2013 DEBT RECOVERY TRIBUNAL, ERNAKULAM. |
RESPONDENT(S)' EXHIBITS NIL
/TRUE COPY/
P.S.TO JUDGE
K.V.
A.K.JAYASANKARAN NAMBIAR, J.
O.P.(DRT) No.89 of 2017
JUDGMENT
The petitioner has approached this Court aggrieved by the delay occasioned by the Debts Recovery Tribunal(DRT) in passing final orders in Appeal No.9/2013, pending before the said Tribunal. When the matter came up for admission, this Court had called for a report from the Presiding Officer, DRT as to the time required for passing final orders in the appeal aforementioned. By a report dated 10.08.2017, the Presiding Officer, DRT has indicated that the tribunal would be in a position to pass final orders in the appeal by 30.11.2017. Taking note of the said report of the Presiding Officer, DRT, the O.P.DRT is disposed by directing the Debts Recovery Tribunal to pass final orders in Appeal No.9/2013 by 30.11.2017.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
sm/
V.K.ABDUL SALAM
MINI MANUAEL
JACOB MANUAEL
EDBIN MANUAEL
ANEETA MANUAEL
FEDERAL BANK LTD
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
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