Kerala High Court
M/S Cherupushpam Films Pvt. Ltd vs The Head Resolution on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA,
1943
OP (DRT) NO. 102 OF 2021
AGAINST THE ORDER/JUDGMENT IN SA 210/2019 OF DEBT
RECOVERY TRIBUNAL, ERNAKULAM, ERNAKULAM
PETITIONER:
M/S.CHERUPUSHPAM FILMS PVT. LTD.,
8TH FLOOR, CHERUPUSHPAM BUILDING,
SHANMUGHAM ROAD,
ERNAKULAM VILLAGE, PIN-682031,
REPRESENTED BY ITS
MANAGING DIRECTOR JOSEKUTTY JOSEPH.
BY ADVS.
SRI.C.S.AJITH PRAKASH
SRI.T.K.DEVARAJAN
SRI.PAUL C.THOMAS
SRI.FRANKLIN ARACKAL
SRI.M.B.SOORI
SRI.BABU M.
SRI.NIDHIN RAJ VETTIKKADAN
SMT.NIKHITA ANN REBELLO
SRI.ADESH JOSHI
RESPONDENTS:
1 THE HEAD RESOLUTION,
PHOENIX ARC PRIVATE LIMITED,
DANI CORPORATE PARK, 5TH FLOOR, 158,
C.S.T. ROAD, KALINA, SANTA CRUZ (EAST),
MUMBAI-400098,
REPRESENTED BY ITS AUTHORISED OFFICER.
OP (DRT) No.102 of 2021 (O)
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2 SOUTH INDIAN BANK LIMITED,
REGIONAL OFFICE, SIB BUILDING, INFO PARK ROAD,
RAJAGIRI VALLEY P.O, KAKKANAD,
KOCHI - 682 039.
3 THE AUTHORIZED OFFICER,
SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE,
SIB BUILDING, INFO PARK ROAD,
RAJAGIRI VALLEY P.O., KAKKANAD, KOCHI-682 039.
4 M/S. KERALA CHAMBER OF COMMERCE AND INDUSTRY,
CHAMBER'S CORNER, SHANMUGAM ROAD, KOCHI-682031,
REPRESENTED BY ITS PRESIDENT.
BY ADVS.
SRI.SUNIL SHANKER
SMT.VIDYA GANGADHARAN
SRI. K.K.JOHN - SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP
FOR ADMISSION ON 11.08.2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) No.102 of 2021 (O)
3
Devan Ramachandran, J.
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OP (DRT) No.102 of 2021 (O)
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Dated this the 11th day of August, 2021
JUDGMENT
The limited prayer of the petitioner in this case is
that the Debts Recovery Tribunal (DRT) be directed to take up
Ext.P8 stay petition, filed by him along with Ext.P7
application and to dispose of the same within a time frame;
and to further direct the Additional Chief Judicial Magistrate,
Ernakulam, to keep in abeyance all further proceedings in
M.C.No.341/2019 until then.
2. Sri.Ashley John, learned counsel appearing for the
1st respondent and Sri.P.S.Suresh Kumar, the learned Standing
Counsel appearing for respondents 2 and 3, submit that they
do not stand in the way of this Court passing orders directing
Ext.P8 to be disposed of; but prayed that the time frame to be
fixed by this Court be kept as short as possible.
3. In the aforesaid circumstances, I direct the Debts
OP (DRT) No.102 of 2021 (O)
Recovery Tribunal-I, Ernakulam, to take up Ext.P8 stay
petition of the petitioner and dispose of the same -- after
affording necessary opportunity of hearing to him and to the
respondents -- as expeditiously as possible but not later than
20.09.2021.
4. Needless to say, until such time on the DRT issues
orders as per the aforesaid directions, all further proceedings
pursuant to M.C.No.341/2019 by the Addtional Chief Judicial
Magistrate (MP/MLA) Court, Ernakulam, will be kept in
abeyance.
I, however, clarify that if the petitioner is not able
to obtain an order of stay from the DRT, then the Court of the
Chief Judicial Magistrate will be at liberty to continue the
proceedings before it, from the stage at which it is now
pending.
This Original Petition is thus disposed of.
Sd/-
Devan Ramachandran, Judge
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OP (DRT) No.102 of 2021 (O)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF M.C. NO.341/2019
DATED 14/03/2019 ON THE FILE OF THE
ACJM COURT, ERNAKULAM-1.
EXHIBIT P2 A TRUE COPY OF IA NO.99/2017 IN O.A.
NO.57/2016 DATED 16/01/2017.
EXHIBIT P3 A TRUE COPY OF IA NO.1287/2017 IN
O.A. NO.57/2016 DATED 24/05/2017.
EXHIBIT P4 A TRUE COPY OF THE UNDATED I.A.
NO.1679/2017 IN O.A NO.57/2016.
EXHIBIT P5 A TRUE COPY OF COUNTER AFFIDAVIT
FILED BY THE PETITION TO I.A
NO.1679/2017 IN O.A NO.57/2016 DATED
17/08/2017.
EXHIBIT P6 A TRUE COY OF THE NOTICE DATED
31/05/2019 ISSUED BY THE ADVOCATE
COMMISSIONER.
EXHIBIT P7 A TRUE COPY OF THE SECTION 17
APPLICATION DATED 07/06/2019.
EXHIBIT P8 A TRUE COPY OF THE STAY PETITION
FILED BY THE PETITIONER IN SA
NO.210/2019 DATED 07/06/2019.
EXHIBIT P9 A TRUE COPY OF THE MEMORANDUM OF
W.P(C) NO. 15765/2019 DATED
08/06/2019 WITHOUT ENCLOSURES.
EXHIBIT P10 A TRUE COPY OF THE MEMORANDUM OF
WRIT PETITION IN W.P(C)
NO.16405/2019 DATED 11/06/2019
WITHOUT ENCLOSURES.
OP (DRT) No.102 of 2021 (O)
EXHIBIT P11 A TRUE COPY OF THE COMMON JUDGMENT
DATED 16/08/2019 IN W.P(C) NO.
15765/2019 AND W.P(C) NO.16405/2019.
EXHIBIT P12 A TRUE COPY OF THE OP (DRT) NO.
16/2020 DATED 22/01/2020.
EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED
24/01/2020 IN OP(DRT) NO.16/2020.
