Kerala High Court
Pulluvelil Kurian Raju Aged 58 Years vs Union Of India on 22 January, 2013
Author: V. Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
FRIDAY, THE 7TH DAY OF JUNE 2013/17TH JYAISHTA 1935
WP(C).No. 6789 of 2013 (W)
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PETITIONER(S):
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PULLUVELIL KURIAN RAJU AGED 58 YEARS
S/O.LATE P.V.KURIAN, CHRISTIAN
RESIDING AT PULLUVELIL HOUSE, THALAYOLAPARAMBU
KARIPPADAM P.O., 686 605.
BY ADV. SRI.BABU PAUL
RESPONDENT(S):
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1. UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE
DEPARTMENT OF ECONOMIC AFFAIRS, ROOM NO.40-B
NEW DELHI-110 001.
2. CANARA BANK
MATTANCHERY BRANCH,
REPRESENTED BY ITS MANAGER.
3. DEBTS RECOVERY TRIBUNAL
8TH FLOOR, K.S.H.B, BUILDING
PANAMPILLY NAGAR, ERNAKULAM-682 036.
4. M/S.E-PROCUREMENT TECHNOLOGIES LTD
B-705, WALL STREET-II, OPP.ORIENT CLUB
NR.GUJARAT COLLEGE, ELLIS BRIDGE, AHAMADABAD-06
REPRESENTED BY ITS MANAGER.
5. THE RECOVERY OFFICER
THE DRT, COIMBATORE-1670, TRICHY ROAD
RAMANATHAPURAM, COIMBATORE-641 045.
BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
BY SRI.PAULY MATHEW MURICKEN,SC,CANARA BANK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-06-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6789 of 2013 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. TRUE COPY OF THE PROCLAMATION OF SALE.
EXHIBIT P2. TRUE COPY OF THE EMD FOR RS.31 LAKHS.
EXHIBIT P3. TRUE COPY OF THE E-MAIL DATED 22/1/2013.
EXHIBIT P4. TRUE COPY OF THE REMITTANCE OF RTGS DT.22/1/13.
EXHIBIT P5. TRUE COPY OF THE REMITTANCE OF RTGSD.4/2/13.
EXHIBIT P5. TRUE COPY OF THE JUDGMENT IN OP(DRT)NO.243/13 DATED 4/3/2013.
RESPONDENT(S)' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
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WP(C) NO. 6789 OF 2013
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Dated this the 7th day of June, 2013
JUDGMENT
The petitioner is the auction purchaser of an item of property in a sale conducted under the Recovery of Debts due to Banks and Financial Institutions Act. The grievance of the petitioner was that the sale is not being confirmed due to the absence of a recovery officer in the Debts Recovery Tribunal.
2. It is now conceded that the recovery officer of Debts Recovery Tribunal, Madurai is in charge of the Debts Recovery Tribunal, Cochin also. There can therefore be no objection for the recovery officer confirming the sale subject to other proceedings.
3. It is pointed out that the original defaulter has filed I.A. No. 545/2013 in an unnumbered Miscellaneous Appeal before the Debts Recovery Tribunal and obtained an order of stay of confirmation of sale on 15.03.2013. I therefore direct the Debts Recovery Tribunal to dispose of I.A. No. 545/2013 in unnumbered Miscellaneous Appeal within a period of one month 2 WP(C) No. 6789/2013 from the date of receipt of a copy of this judgment.
4. The confirmation of the sale of the property would depend upon the outcome of I.A. No. 545/2013 in unnumbered appeal by the tribunal as directed above.
The Writ Petition is disposed of.
V. CHITAMBARESH JUDGE ncd