Kerala High Court
Union Bank Of India vs Benoy A.S on 26 September, 2016
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 25TH DAY OF JULY 2017/3RD SRAVANA, 1939
OP (DRT).No. 46 of 2017 (O)
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PETITIONER(S):
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UNION BANK OF INDIA
REP. BY ITS BRANCH MANAGER, MALA BRANCH,
MALA P.O., THRISSUR DISTRICT.
BY ADVS.SRI.A.S.P.KURUP, SC, UBI
SRI.SADCHITH.P.KURUP
RESPONDENT(S):
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1. BENOY A.S
S/O.SUDHAKARAN, AGED 41, ATHIYARATH HOUSE,
VALIYAPARAMBU, KURUVILASSERY P.O., THRISSUR.
2. V.K.LATHA
ADVOCATE, THRISSUR-680003.
3. A.R.ROOPESH KRISHNAN
S/O.A.R.RADHAKRISHNAN, ATHIYARATH HOUSE,
KURUVILASSERY P.O., MALA, THRISSUR-680732.
4. THE DEBTS RECOVERY TRIBUNAL-2
ERNAKULAM, REP. BY ITS REGISTRAR.
R1 BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM)
R3 BY ADV. SRI.A.JAYASANKAR
R3 BY ADV. SRI.MANU GOVIND
R3 BY ADV. SRI.ASHWIN SETHUMADHAVAN
R3 BY ADV. SMT.B.MEERA
R3 BY ADV. SRI.S.SABARINADH
R4 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R2 BY ADV. SRI.DILIP J. AKKARA
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 25-07-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (DRT).No. 46 of 2017 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF IA NO.590/16 IN TSA 589/16 (SA 805/13)
FILED BEFORE The DRT-2 ERNAKULAM.
EXHIBIT P2 TRUE COPY OF COUNTER AFFIDAVIT DATED 26-9-2016 FILED
BY FIRST RESPONDENT IN I.A.NO.590/16 IN TSA 589/16 (SA 805/13).
EXHIBIT P3 TRUE COPY OF ORDER DATED 24-1-2017 PASSED BY 4TH
RESPONDENT IN IA.NO.590/16.
EXHIBIT P4 TRUE COPY OF IA.NO.576/17 IN I.A.NO.590/16 IN TSA
589/16 (SA 805/13) FILED BY PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF IA.NO.578/17 IN I.A.NO.590/16 IN TSA
589/16 (SA 805/13) FILED BY PETITIONER BEFORE THE 4TH RESPONDENT.
RESPONDENT(S)' EXHIBITS:NIL
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//TRUE COPY//
P.A TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
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O.P.(DRT).No.46 Of 2017 -(O)
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Dated this the 25th day of July, 2017
J U D G M E N T
The petitioner has approached this Court seeking a direction to the Debt Recovery Tribunal (DRT) to consider and pass orders on Exts.P4 and P5 applications submitted by the petitioner, for extension of time for payment of cost that was directed to be paid in Ext.P3 order. By Ext.P5 application, the petitioner also sought advancement of the S.A to an earlier date for the purposes of taking up the hearing of the applications seeking enlargement of time. When the matter came up for admission, this Court while staying further proceedings before the Tribunal in the main S.A, called for a report from the Tribunal regarding the status of the applications that were filed by the petitioner before it. By a report dated 18.05.2017, the DRT has indicated that, on account of the stay order passed by this Court, no further proceedings have been taken in the S.A and in the meanwhile, a counter affidavit has also been filed by the applicant in the S.A to Ext.P4 application filed by -2- O.P.(DRT).No.46 Of 2017 -(O) the petitioner herein. Taking note of the said development, I am of the view that the O.P(DRT) can be disposed by directing the DRT to pass orders on Ext.P4 application preferred by the petitioner herein within a period of three weeks from the date of receipt of a copy of this judgment. It is made clear that while passing orders as directed, the Tribunal shall consider the contentions of the petitioner herein as also the applicant in the S.A. Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns/25.07.17