The Kerala High Court dismissed an O.P. in Debt Recovery Tribunal proceedings. The court rejected the petitioner's claim for a stay as he failed to comply with a prior interim order requiring payment of Rs. 1.5 crores.
Petitioner's O.P. dismissed due to non-compliance with interim stay conditions.
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 11TH DAY OF AUGUST 2017/20TH SRAVANA, 1939
OP (DRT).No. 90 of 2017 (O)
SA.79/2017 of DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S):
EDINJAVILA MOHAMMED THAHA, AGED 59,S/O P.A.MOHAMMED ABOOBACKER, SONIA VILLA, ERAVIPURAM P.O., KOLLAM DISTRICT.
BY ADVS.SRI.R.T.PRADEEP
SMT.M.BINDUDAS SRI.P.K.JANARDHANAN
RESPONDENT(S):
1. AUTHORIZED OFFICER (SARC), STATE BANK OF TRAVANCORE, (ASSOCIATE OF THE STATE BANK OF INDIA), HEAD OFFICE,THIRUVANANTHAPURAM-695033. NOW SUBSTITUTED AS AUTHORIZED OFFICER, STATE BANK OF INDIA, STRESSED ASSET RESOLUTION CENTRE, CHANDRASEKHARAN NAIR COMPLEX, PALAYAM,VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033. THIRUVANANTHAPURAM AFTER THE MERGER OF STATE BANK OF TRAVANCORE WITH STATE BANK OF INDIA.
2. BANK MANAGER, STATE BANK OF TRAVANCORE, VELLAYAMBALAM BRANCH, THIRUVANANTHAPURAM-695033, NOW SUBSTITUTED AS BANK MANAGER, STATE BANK OF INDIA, VELLAYAMBALAM BRANCH, THIRUVANANTHAPURAM-695033 AFTER THE MERGER OF STATE BANK OF TRAVANCORE WITH STATE BANK OF INDIA.
OP (DRT).No. 90 of 2017 (O)
3. HARIFA SOBITHA THAHA, SONIA VILLA, ERAVIPURAM P.O., KOLLAM DISTRICT-691011.
R1 & R2 BY SRI.R.S.KALKURA, SC, SBI
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 11-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
OP (DRT).No. 90 of 2017 (O)
APPENDIX PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 THE COPY OF STATEMENT OF ACCOUNTS OF THE LOAN TRANSACTION FROM 12.10.2010 TO 24.6.2O17 EXHIBIT P2 TRUE COPY OF SALE NOTICE DATED 6.6.2017 EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 29.07.2016 IN W.P.(C)NO.23477/2016 EXHIBIT P4 TRUE COPY OF NOTICE DATED 31.10.2016 FOR E-AUCTION SALE OF IMMOVABLE PROPERTY UNDER RULES 8(6)AND 9(1)OF THE SECURITY INTEREST (ENFORCEMENT)RULES 2002 EXHIBIT P5 TRUE COPY OF SALE NOTICE DATED 31.12.2016 FOR ONLINE BID. EXHIBIT P6 TRUE COPY OF SALE PROCEEDINGS DATED 9.2.2017 WHICH WAS FORWARDED BY THE 1ST DEFENDANT TO APPLICANT PURSUANT TO THE DIRECTION OF HIGH COURT EXHIBIT P7 TRUE COPY OF ORDER DATED 16.2.2017 IN S.A.153/2016 BY DEBTS RECOVERY TRIBUNAL2,ERNAKULAM EXHIBIT P8 TRUE COPY OF COMMUNICATION DATED 11.7.2016 BY THE ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE,THIRUVANANTHAPURAM EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 20.2.2016 IN W.P.(C)NO.5438/2017. EXHIBIT P10 TRUE COPY OF APPLICATION OF S.A.79/2017 UNDER SECTION 17 OF THE ACT BEFORE DEBT RECOVERY TRIBUNAL NO.II,ERNAKULAM DATED 27.3.2017 EXHIBIT P11 TRUE COPY OF WRITTEN STATEMENT FILED BY BANK DATED 9.5.2017 EXHIBIT P12 TRUE COPY OF I.A. DATED 15.7.2017 IN S.A.NO.79/2017 2017. RESPONDENT(S)' EXHIBITS ----------------------NIL
TRUE COPY
P.S. TO JUDGE
EL
A.K.JAYASANKARAN NAMBIAR, J.
O.P.(DRT) No.90 of 2017
JUDGMENT
The petitioner had approached this Court aggrieved by an order of the Debts Recovery Tribunal in S.A.No.79/2017. When the matter came up for admission on 03.08.2017, this Court had granted the petitioner an interim stay against the further proceedings pursuant to the said order, on condition that the petitioner paid an amount of Rs.1.5 crores on or before 11.08.2017. When the matter was taken up today, it is submitted by the learned counsel for the respondent bank that the petitioner has not complied with the directions in the interim order dated 03.08.2017. Taking note of the said submission, and finding that the petitioner is not entitled to any discretionary relief from this Court in these proceedings under Article 227 of the Constitution of India, the O.P. (DRT) is dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
sm/
EDINJAVILA MOHAMMED THAHA
AUTHORIZED OFFICER (SARC), STATE BANK OF INDIA
BANK MANAGER, STATE BANK OF INDIA, VELLAYAMBALAM BRANCH
HARIFA SOBITHA THAHA
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
