Kerala High Court
Ansu Joseph vs The Catholic Syrian Bank Ltd on 16 June, 2005
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937
WA.No. 2073 of 2005 (C) IN WP(C).15826/2005
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AGAINST THE JUDGMENT IN WP(C) 15826/2005 DATED 16-06-2005
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APPELLANT/PETITIONER :
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ANSU JOSEPH
BEEJAY ROSS CONSULTANTS (P) LTD.
BUSINESS AT 39/5741 RAVIPURAM, M.G. ROAD, ERNAKULAM
COCHIN-16.
BY ADV. SRI.GEORGE THOMAS (MEVADA)
RESPONDENTS/RESPONDENTS :
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1. THE CATHOLIC SYRIAN BANK LTD
BRANCH OFFICE, MATTANCHERRY, COCHIN-682 002
REPRESENTED BY THE BRANCH MANAGER.
2. M/S. K.B. JOSEPH AND SONS,
MOOLANKUZHY, COCHIN-682 002.
3. SANTHOSH JOSEPH, S/O. LATE K.B. JOSEPH,
SANTHOSH NIVAS, 15/275, NAZARETH
COCHIN-682 002.
4. SUBASH JOSEPH, S/O. LATE K.B. JOSEPH,
22/1374, NEAR ST.LAUREN'S SCHOOL, EDAKOCHI
COCHIN-6.
5. MRS. STELLA JOSEPH W/O. LATE K.B.JOSEPH
SANTHOSH NIVAS, 15/275, NAZERETH
COCHIN-682 002.
6. SHYLA JOSEPH D/O. LATE K.B. JOSEPH,
W/O. JOSE JOSEPH, FLAT NO.1, DEV CHAMBERS
SOUTH JANATHA ROAD, PALARIVATTOM, ERNAKULAM.
WA.No. 2073 of 2005 (C) IN WP(C).15826/2005
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7. SUSHAMA JOSEPH, D/O. LATE K.B. JOSEPH,
W/O. FRANCIS XAVIER, SANTHOSH NIVAS, 15/275
NAZARETH, COCHIN-682 002.
8. SIS. SHOBA O.P., D/O. LATE K.B. JOSEPH,
SANTHOSH NIVAS, 15/275, NAZARETH
COCHIN-682 002.
9. SOPHIA JOSEPH, D/O. LATE K.B. JOSEPH,
SANTHOSH NIVAS, 15/275, NAZARETH
COCHIN-682 002.
10. SHIRLY JOSE, W/O. P.J. JOSE MARIA,
D/O. LATE K.B. JOSEPH, SUBHASH LANE
SOUTH JANATHA ROAD, PALARIVATTOM, ERNAKULAM
COCHIN-682 025.
11. MRS. MEERA, W/O. LATE STANLY JOSE
BASTIAN, SANTHOSH NIVAS, 15/275
NAZARETH, COCHIN-682 002.
12. BINU, S/O. LATE STANLY JOSE BASTIAN,
SANTHOSH NIVAS, 15/275, NAZARETH
COCHIN - 682 002.
13. JOHN JOSEPH ALIAS NITIN,
S/O. LATE STANLEY JOSE BASTIAN, SANTHOSH NIVAS, 15/275
NAZARETH, COCHIN-682 002. (MINOR AGED 16 YEARS
REPRESENTED BY MOTHER GUARDIAN MRS.MEERA).
14. DEBT RECOVERY TRIBUNAL ERNAKULAM,
REPRESENTED BY REGISTRAR, PANAMPILLY NAGAR
ERNAKULAM.
R1 BYSRI.JIMMY JOHN VELLANIKARAN, SC
R3, R5 & R9 BY ADV. SRI.S.ANANTHAKRISHNAN
SRI.N.K.SUBRAMANIAN
R10 BY ADV. SRI.RAJESH CHERIAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06-01-2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
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W.A. No. 2073 OF 2005
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Dated this the 6th day of January, 2016
JUDGMENT
Shaffique, J.
This appeal has been filed challenging the judgment dated 16.06.2005 in W.P.(C) No. 15826 of 2005.
2. The writ petition was filed by the auction purchaser of a property who has already parted with the amounts which was deposited with the Bank. The Debt Recovery Tribunal has passed Ext.P9 order dated 10.02.2005 by which recovery certificate had been issued permitting the Bank to recover a sum of Rs.11,16,487.05 with interest and cost. It is also observed that the Bank is entitled to receive Rs.3,67,600/- deposited before the Sub Court, Kochi towards sale consideration and resumption of the property.
3. The main contention urged by the auction purchaser is that she was not heard before the application being disposed of by the Tribunal. The learned Single Judge while dismissing the claim made by the writ petitioner, W.A. No. 2073 of 2005 -:2:- observed that it is for the petitioner to make a claim petition before the DRT as the said claim has not been addressed to or adjudicated by DRT in Ext.P9 order. Hence the writ petition was disposed of upholding Ext.P9 order and giving liberty to the petitioner to take appropriate steps in accordance with law. There was also a direction to give refund of the purchase money deposited to the petitioner immediately.
4. Learned counsel for the auction purchaser submits that she has deposited Rs.5,01,000/- as early as in May, 1999. It is submitted by learned counsel for the appellant that the appellant does not want to make any claim in respect of said amount. The issue between the debtor and auction purchaser has already been settled. According to the appellant, the amount deposited towards purchase of the property can be credited to the loan account of the debtor as on the date of deposit and necessary adjustments can be made in the account.
We take on record the above submission and close the writ appeal. It is open for the parties to approach the recovery W.A. No. 2073 of 2005 -:3:- officer for getting the recovery certificate after making the adjustments aforesaid.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/07/01