Disposed

Jm Financial Asset Reconstruction Co.Ltd v. S.Pradeep Kumar

Kerala HC15 Jun 2023OP (DRT)/26/2020

Case brief

AI extract

What is this about?

This High Court judgment directs the Debt Recovery Tribunal-I, Ernakulam, under its supervisory powers under Article 227 of the Constitution of India, to expedite and dispose of OA No.624/2013 and SA No.859/2013 along with pending applications within three months after completing pre-trial steps.

What did the court decide?

Directed DRT-I, Ernakulam to dispose of OA No.624/2013, SA No.859/2013 and pending applications within three months after pre-trial steps.

Jm Financial Asset Reconstruction Co.Ltd Vs S.Pradeep… — Banking and Recovery | Kerala HC (2023)

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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 C.S.DIAS

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THURSDAY, THE 15TH DAY OF JUNE 2023 / 25TH JYAISHTA, 1945

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OP (DRT) NO. 26 OF 2020

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OA NO.624/2013 IN SA NO.859/2013 IN IA NO.2444/2014

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IN IA NO.244/2014 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM

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PETITIONER/3RD PARTY:

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1JM FINANCIAL ASSET RECONSTRUCTION CO.LTD
7TH FLOOR, CNERGY, APPASAHEB MARATHE MARG,
PRABHADEVI, MUMBAI-400025
REPRESENTED BY ITS ASSOCIATE VICE PRESIDENT
MR.PANKAJ AGNIHOTRI
BY ADVS.
SRI.SUNIL SHANKER
MADHU RADHAKRISHNAN
NELSON JOSEPH(K/380/2007)
M.D.JOSEPH(K/839/2008)
DEEPAK ASHOK KUMAR(K/1624/2018)

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RESPONDENTS/DEFENDANTS/APPLICANT:

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1S.PRADEEP KUMAR
A3, INRA HARBOR VIEW APARTMENTS,
CHURCH LANDING ROAD, KOCHI-682016
2INDIRA NAIR
INDU, OPP. GOVT. HOSPITAL, IRANIMUTTOM, ATTUKAL,
MANACAUD.P.O, THIRUVANANTHAPURAM-695009

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3 M/S. INDU INNOVATIVE FOODS, (A PARTNERSHIP FIRM) SUIT NO.1, 3RD FLOOR, DD ANGADI, CONVENT JUNCTION, ERNAKULAM, KOCHI-682011

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4 JENSIL JOSE PARTNER, M/S. INDU INNOVATIVE FOODS, B2, VALIYAEETIL APARTMENTS, MAMATA NAGAR, EDAPPALLY-682024

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5 M/S.INDU INNOVATIVE FOODS (A PROPRIETORY CONCERN) SUIT NO.1, 3RD FLOOR, DD ANGADI, CONVENT JUNCTION, ERNAKULAM, KOCHI-682011

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6 M/S.UCO BANK M.G.ROAD BRANCH, RAVIPURAM ROD, ERNAKULAM-682016. BY ADVS. SRI.P.SHRIHARI SRI.H.RAMANAN, SC, UCO BANK SRI.C.M.SUNILKUMAR

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
15.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(DRT) No.26 of 2020

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C.S.DIAS, J.

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OP (DRT) No.26 of 2020

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Dated this the 15^th day of June, 2023

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JUDGMENT

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The original petition is filed to direct the Debt Recovery Tribunal-I, Ernakulam (in short ‘Tribunal’) to consider and dispose of O.A. No.624/2013 and SA No.859/2013 and all the pending applications in the two cases within a time period fixed by this Court.

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The petitioner’s case is that, the above two applications are pending consideration before the Tribunal since 2013. The pendency of the applications is causing prejudice to the petitioner. Hence, the original petition.

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When the original petition came up for

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consideration on 04.02.2020, this Court had

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OP(DRT) No.26 of 2020

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called for a report from the Tribunal to

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ascertain the time period within which the two applications can be disposed of.

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The Tribunal, by communication dated 13.02.2020, has informed this Court that the above two cases can be disposed of expeditiously.

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Having considered the pleadings and materials on record and taking into consideration the fact that the above two applications are of the year 2013, in exercises of the supervisory powers of this Court under Article 227 of the Constitution of India, I deem it appropriate to dispose of the original petition as follows:

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(i) The Debt Recovery Tribunal-I, Ernakulam is directed to consider and dispose of O.A. No.624/2013 and SA No.859/2013 and all

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OP(DRT) No.26 of 2020

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pending applications, in accordance with law and as expeditiously as possible, at any rate, within a period of three months after the completion of the pre-trial steps.

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The original petition is ordered accordingly.

Sd/-

C. S. DIAS JUDGE

SKP/15-06

OP(DRT) No.26 of 2020

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APPENDIX OF OP (DRT) 26/2020

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`PETITIO`	`NER’S EXHIBITS:`
`EXHIBIT`	`P1` `TRUE COPY OF`	`IA NO.244/`	`2014 DATED 15.10.2014`
`EXHIBIT`	`P2` `A TRUE COPY`	`OF IA NO.24`	`45/2014 DATED 15.10.2014`
`EXHIBIT`	`P3` `A TRUE COPY`	`OF A DIARY`	`PROCEEDINGS IN S.A.`
	`NO.859/2013`	`FROM 26.12.`	`2013 TO 12.10.2018`
`EXHIBIT`	`P3(A)` `A TRUE COPY` `NO.859/2013`	`OF A DIARY` `FROM 07.11.`	`PROCEEDINGS IN SA` `2018 TO 5.09.2019`
`EXHIBIT`	`P4` `A TRUE COPY` `NO.624/2013`	`OF A DIARY` `FROM 07.03.`	`PROCEEDINGS IN OA` `2014 TO 12.10.2018`
`EXHIBIT`	`P4(A)` `A TRUE COPY`	`OF A DIARY`	`PROCEEDINGS IN OA`
	`NO.624/2013`	`FROM 07.11.`	`2018 TO 22.07.2019`

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A.TO JUDGE

Jm Financial Asset Reconstruction Co.Ltd v. S.Pradeep Kumar

Case brief

What is this about?

What did the court decide?

Jm Financial Asset Reconstruction Co.Ltd v. S.Pradeep Kumar

Case brief

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What did the court decide?

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