Kerala High Court
Paul Vareed C vs South Indian Bank Ltd on 25 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
OP (DRT) NO. 241 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 19.04.2023 IN TA NO.226 OF 2016
OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM
PETITIONER:
PAUL VAREED C,
AGED 61 YEARS
S/O VAREED, CHERUVATHOOR, B2 ARCH DALE APARTMENT, PIPE
LINE ROAD, MANNUTHY P.O, THRISSUR., PIN - 680651
BY ADVS.
DINESH R.SHENOY
V.SUBHASH BHAT
P.ROHIT PREMANANDAN SHENOY
SILESH S. PRABHU
RESPONDENT:
SOUTH INDIAN BANK LTD,
ANANDAVADI BRANCH, ANANDAVAI ARIYALUR DISTRICT,
TAMILNADU.REP. BY BRANCH MANAGER., PIN - 614702
BY ADVS.
S.EASWARAN
Sunil Shankar A
VIDYA GANGADHARAN(K/000424/2020)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(DRT)No.241 OF 2023
2
JUDGMENT
Dated this the 25th day of April 2024 This petition under Article 227 of the Constitution of India has been filed for setting aside Exhibit P6 proceedings dated 19.04.2023 in T.A.No.226 of 2016 of Debt Recovery Tribunal-II, Ernakulam, and for a direction directing the DRT to take up and dispose of Exhibit P5 application before the matter is finally heard and disposed of. Exhibit P5 application has been filed challenging the very maintainability of O.A.No.16 of 2008 (T.A.No.226 of 2016).
2. According to the learned counsel appearing for the petitioner, though the maintainability of the petition was raised in the counter itself, the same has not been considered by the Tribunal and hence they preferred Exhibit P5 application for considering the maintainability of the petition before the matter is finally heard and disposed of. The prayer is seriously O.P.(DRT)No.241 OF 2023 3 objected to by the learned counsel appearing for the respondent contending that the matter is of the year 2008 and this is only a delaying tactics adopted by the petitioner herein.
3. Heard both sides.
4. Exhibit P6 reads thus:
"TA/226/2016 Advocate Menisha learned counsel for the applicant bank and Advocate Helan Paulose represented learned counsel for the defendant is present. No CPA is filed by the defendant. Learned counsel for the defendant contended that additional written statement being filed today. In view of the order dated 01.03.2023 the defendant has already deposited the cost of Rs.2,000/-. Inspite of same no CPA is filed even along with the additional written statement. In such premises though the additional written statement is accepted but chance of filing CPA by the defendant is closed. List the case for final hearing on13.06.2023."
The aforesaid proceedings makes it clear that no order has been passed in Exhibit P5 application that has been filed by the petitioner. The DRT concerned is directed O.P.(DRT)No.241 OF 2023 4 to consider and pass necessary orders in Exhibit P5 at the earliest and immediately thereafter, O.A.No.16 of 2008 itself can be considered and disposed of. Necessary steps to be taken by the DRT concerned within a period of 45 days from the date of receipt of a copy of this judgment.
This original petition is disposed of as above Sd/-
C.S.SUDHA JUDGE SSK/25/04 O.P.(DRT)No.241 OF 2023 5 APPENDIX OF OP (DRT) 241/2023 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF O.A.NO.16/2008, DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 28/12/2007 FILED BY THE RESPONDENT/APPLICANT BANK (WITHOUT ANNEXURES) .
Exhibit P2 TRUE PHOTOCOPY OF THE WRITTEN
STATEMENT FILED BY THE
PETITIONER/DEFENDANT DATED
12/8/2009.
Exhibit3 TRUE PHOTOCOPY OF I.A.NO.911/2008 IN
O.A.NO.16/2008, DEBT RECOVERY
TRIBUNAL, ERNAKULAM.
Exhibit P4 TRUE PHOTOCOPY OF ADDITIONAL WRITTEN
STATEMENT DATED 18/4/2023 FILED BY THE PETITIONER/DEFENDANT(WITHOUT EXHIBITS).
Exhibit P5 TRUE PHOTOCOPY OF I.A.NO.1393/2019
IN O.A.NO.16/2008, DEBT RECOVERY
TRIBUNAL, ERNAKULAM(WITHOUT
ANNEXURES).
Exhibit P6 TRUE PHOTOCOPY OF THE PROCEEDINGS
DATED 19/4/2023 IN T.A.NO.226/2016, DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.
RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE