Kerala High Court
M/S.Narniat Pharmaceuticals And ... vs Union Of India on 17 March, 2020
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 17TH DAY OF MARCH 2020 / 27TH PHALGUNA, 1941
OP (DRT).No.52 OF 2020
AGAINST THE ORDER/JUDGMENT IN OA 238/2013 OF DEBT RECOVERY
TRIBUNAL, ERNAKULAM
PETITIONER:
M/S.NARNIAT PHARMACEUTICALS AND CHEMICALS PVT. LTD.,
NORTH BEYPORE, CALICUT - 673015,
REPRESENTED BY ITS MANAGING DIRECTOR,
P. K. KERALA VARMA.
BY ADVS.
SRI.DINESH MATHEW J.MURICKEN
SRI.N.R.SANGEETHARAJ
VINOD S PILLAI
KUM.GAYATHRI MURALEEDHARAN
SMT.SREELAKSHMI R.
N.M.MOHMMED THAYIB
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
GOVERNMENT OF INDIA, JEEVANDEEP BUILDING,
PARLIAMENT STREET, NEW DELHI - 110 001.
2 DEBTS RECOVERY TRIBUNAL - I, ERNAKULAM
5TH FLOOR, HOUSING BOARD BUILDING,
PANAMPILLY NAGAR, KOCHI - 682 036.
3 STATE BANK OF INDIA
SMEC BRANCH, CALICUT ROAD, KOZHIKODE - 673003,
REPRESENTED BY ITS MANAGER.
R1 BY ADV. MR.RAMANARAYANA PRABHU, CGC
GP DR THUSHARA JAMES
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 17.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT).No.52 OF 2020
2
JUDGMENT
Dated this the 6th day of March 2020 Adv. Thushara James, on instructions, submits that the order of this Court dated 27.02.2020 in respect of non- functioning of DRT I in the absence of Presiding Officer has already been conveyed to the Central Government. The Central Government had undertaken the task of appointment of Presiding Officer, which may take approximately three months. The case of the petitioner pertains to DRT I. However, DRT II is considering applications regarding the matters falling within the jurisdiction of DRT I.
2. Learned counsel for the petitioner submits that in the instant case, the Bank had filed OA No.238/2013 dated 15.03.2013, in which the pleadings are complete and that no action is taken in the O.A. and in this regard, petitioner had approached this Court on three occasions for consideration of OP (DRT).No.52 OF 2020 3 the Interlocutory Applications, Exts. P4 and P5. Reliance has been made to Ext.P5 order dated 28.03.2016, whereby intervention of this Court was sought to consider and pass final orders in I.A.No.1164 of 2014. Earlier, the petitioner had approached this Court vide O.P.(DRT) 98 of 2017, whereby pending the O.A, the petitioner had submitted I.A regarding the non-maintainability of the original application. The Tribunal passed order to hear the application only at the final stage and the petitioner submits that more than seven years had gone back and the case is at premature stage. The Bank has not filed any application in support of the document.
3. Learned counsel for the Bank submits that, the Bank had not filed any evidence in support of the claim in pending O.A provided the dependant also delinquently pursuing the case instead of filing perpetual I.A, which also hampers the actual adjudication of the original application.
4. The arguments of the Adv.Thushara James on behalf of the Adv.Rama Narayana Prabhu had already been noticed of.
OP (DRT).No.52 OF 2020 4
5. Having heard the learned counsel for the parties, I am of the view that a direction is required to be issued to the DRT II to consider O.A.No.238 of 2013 falling within the jurisdiction of DRT I and decide it, as expeditiously as possible by giving effective opportunities to file evidence in support of the respective documents and pass order within six months thereafter. This Court is sanguine of the fact that the Central Government will pursue the matter for appointment of the Presiding Officer of DRT I, so that the matters falling within that jurisdiction also be taken and decided, expeditiously.
O.P.(DRT) is disposed of accordingly.
Sd/-
AMIT RAWAL
dlk/18.03.2020 JUDGE
OP (DRT).No.52 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN
C.P.NO.7/1990 PASSED BY THIS HONOURABLE COURT DATED 31.7.2006.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN COMPANY APPEAL NO.6/2007 PASSED BY THIS HONOURABLE COURT DATED 2.11.2009.
EXHIBIT P3 TRUE COPY OF THE ORDER IN PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO.8460/2010 PASSED BY THE SUPREME COURT OF INDIA DATED 29.3.2010.
EXHIBIT P4 TRUE COPY OF O.A.NO.238/2013 FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 15.3.2013.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN O.P. (DRT)NO.27/2016 PASSED BY THIS HONOURABLE COURT DATED 28.3.2016.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN O.P. (DRT)NO.98/2017 PASSED BY THIS HONOURABLE COURT DATED 15.01.2018.