Disposed

The Thiruvananthapuram District Co-Operative Bank Ltd. v. Baiju

Kerala HC23 Mar 2018OP (DRT)/42/2018

Case brief

AI extract

What is this about?

The High Court dismissed the original petition in the matter of Section 18 of the SARFAESI Act, noting the availability of an effective alternative remedy. The court closed the petition without prejudice to the right of the petitioner to file an appeal.

What did the court decide?

The original petition is closed without prejudice to the right to file an appeal under Section 18 of the Act.

The Thiruvananthapuram District Co-Operative Bank Ltd… — Banking and Recovery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940

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PETITIONERS

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1 THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE, KIZHAKKEKOTA, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL MANAGER.

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2 AUTHORIZED OFFICER THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE, KIZHAKKEKOTA, THIRUVANANTHAPURAM.

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BY ADV.SRI.THOMAS ABRAHAM SC THIRUVANANTHAPURAM

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RESPONDENTS:

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1. BAIJU

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S/O.BHASKARAN, THETTIVILA VEEDU, PUNNAMAN VAYAL, MADATHARA P.O., KOLLAM DISTRICT - 691 541.

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2. DEBTS RECOVERY TRIBUNAL (KERALA AND LAKSHADWEEP) ERNAKULAM - 682 020.

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 23-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (DRT).No. 42 of 2018 (O)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1.	THE TRUE COPY OF THE NOTICE DATED 03.06.2015 UNDER SECTION 13(2) OF THE ACT.
EXHIBIT P2.	THE TRUE COPY OF THE NOTICE DATED 21.08.2015 ISSUED TO THE RESPONDENT.
EXHIBIT P3.	THE TRUE COPY OF THE ORDER DATED 25.11.2016 OF THE DEBTS RECOVERY TRIBUNAL II, ERNAKULAM IN S.A.NO.66 OF 2016.
EXHIBIT P4.	THE TRUE COPY OF THE I.A.NO.1163 OF 2017 IN S.A.NO.66 OF 2016 SEEKING TO SETASIDE THE EXPARTE ORDER DATED 25.11.2016.
EXHIBIT P5.	THE TRUE COPY OF THE I.A.NO.1243 OF 2017 IN S.A.NO.66 OF 2016 SEEKING TO CONDONE THE DELAY IN PREFERRING THE PETITION TO SETASIDE EXPARTE ORDER.
EXHIBIT P6.	THE TRUE COPY OF THE I.A.NO.1164 OF 2017 IN S.A.NO.66 OF 2016 PRAYING TO STAY THE OPERATION OF THE ORDER DATED 25.11.2016.
EXHIBIT P7.	THE COPY OF THE COMMON ORDER DATED 17.11.2017 OF THE DEBTS RECOVERY TRIBUNAL II, ERNAKULAM IN I.A NO.1242/2017, I.A.NO.1162/2017 AND I A NO.1161 OF 2017 IN S.A 14/2016.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY// SD/PA TO JUDGE

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rsr

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P.B.SURESH KUMAR, J.

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--------------------------------------------

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O.P.(DRT).No.42 of 2018

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--------------------------------------------------------------Dated this the 23^rd day of March, 2018

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J U D G M E N T

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The order impugned in this original petition is appealable under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Act). In the light of the said effective alternative remedy available to the petitioners, the original petition is closed without prejudice to the right of the petitioners to file appeal challenging the impugned order. All contentions are left open.

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Sd/- P.B.SURESH KUMAR JUDGE

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rsr

The Thiruvananthapuram District Co-Operative Bank Ltd. v. Baiju

Case brief

What is this about?

What did the court decide?

The Thiruvananthapuram District Co-Operative Bank Ltd. v. Baiju

Case brief

What is this about?

What did the court decide?

What the court decided

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