Achamma Cherian v. State Bank of India
Case brief
What is this about?
Aggrieved by a lack of orders on a stay petition in a securitisation application, the petitioner approached the High Court. The court directed the Debt Recovery Tribunal to decide the stay application after hearings within a week and ordered that the petitioner not be dispossessed of the property during the pendency.
What did the court decide?
Directed the Debt Recovery Tribunal to pass orders on the stay application after hearing within a week and restrained dispossession of the property until such orders are passed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 26TH DAY OF MARCH 2018 / 5TH CHAITHRA, 1940
OP (DRT).No. 38 of 2018
AGAINST SA 122/2017 of DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER
ACHAMMA CHERIAN AGED 68 YEARS, D/O. CHERIAN MATHEW, ROSELAND, K.K. ROAD, CHEMBUMUKKU, KAKKANAD PO, ERNAKULAM, COCHIN-682030.
BY ADVS.SRI.K.C.ELDHO SRI.MALLENATHAN.M. SRI.ANEESH JAMES
RESPONDENT(S)
1. STATE BANK OF INDIA
- (ERSTWHILE STATE BANK OF TRAVANCORE),
Issues for consideration
2 issues framed by the court
Whether the Debts Recovery Tribunal is required to pass orders on a stay petition filed in a securitisation application.
Whether the petitioner should be entitled to a stay on disposal of the secured property pending orders on the stay application.
Parties & counsel
- petitioner
ACHAMMA CHERIAN
- respondent
STATE BANK OF INDIA
- respondent
M/S. FEMINCARO CONCEPTS ATTIPETTY NAGAR
- respondent
MEERA JOSEPH
- respondent
RAJESH MYLADUR
Case details
As recorded by the court registry
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