Ganeshan Pillai vs Muthoot Fincorp Limited
2021 Latest Caselaw 1292 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR. JUSTICE A.M.BADAR

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                        OP (DRT).No.111 OF 2020

    AGAINST THE ORDER IN RP 4/2020 OF DEBT RECOVERY TRIBUNAL,
                            ERNAKULAM


PETITIONER/APPLICANT:

             GANESHAN PILLAI,AGED 51 YEARS
             S/O.SHANTHAPPAN PILLAI, VRINDAVAN, VISHNATHUKAVU,
             MKRA 68A, THIRUMULLAVARAM P.O., KOLLAM - 691 012.

             BY ADV. SRI.ARUN BABU

RESPONDENTS/RESPONDENTS:

      1      MUTHOOT FINCORP LIMITED, MUTHOOT CENTRE,
             PUNNEN ROAD, THIRUVANANTHAPURAM - 695 034,
             REPRESENTED BY MANAGING DIRECTOR.

      2      AUTHORISED OFFICER, MUTHOOT FINCORP LIMITED,
             MUTHOOT CENTRE, PUNNEN ROAD,
             THIRUVANANTHAPURAM - 695 034.




             SRI. SAJU.N.A

     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT).No.111 OF 2020              2



                               JUDGMENT

Dated this the 13th day of January 2021

Heard both sides.

2. The writ petition is filed seeking for direction to the

Debts Recovery Tribunal-II, Ernakulam to dispose of Ext.P3 review

petition and Ext.P5 stay application, on merits within a reasonable

time fixed by this Court.

3. It is reported by the learned counsel appearing for the

parties that now the charge of Debts Recovery Tribunal-II,

Ernakulam is with Debts Recovery Tribunal-II, Bangalore. It is also

reported that hearing the pending matters through Video

Conferencing has been commenced and the Ext.P3 review petition

is scheduled for hearing on 19.01.2021.

4. I am afraid that no such order for time bound disposal

of the review petition can be passed, because this Court is unaware

of the pendency of the matters before the Debts Recovery Tribunal

with which the charge of Debts Recovery Tribunal-II, Ernakulam is

kept. Therefore, this petition is disposed of with a request to the

concerned Debts Recovery Tribunal, Bangalore to take up the

review petition for hearing as expeditiously as possible, keeping in

mind the pendency of matters before it. Considering the fact that

the Debts Recovery Tribunal is directed to take up the matter for

consideration, this Court is not inclined to continue the interim

order, more particularity, the review petition itself is fixed for

hearing on 19.01.2021.

The original petition is accordingly disposed of.

Sd/-

                                              A.M.BADAR
ajt                                              JUDGE





                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE RELEVANT PAGES OF

STATEMENT OF ACCOUNTS IN RESPECT TO THE ACCOUNT OF THE PETITIONER MAINTAINED WITH THE HDFC BANK KOLLAM SHOWING THE TRANSACTIONS ON 31/03/2017.

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED 29/06/2020 IN SA 158/2019 OF THE DRT-II, ERNAKULAM.

EXHIBIT P3 THE TRUE COPY OF THE REVIEW PETITION BEARING NO.04/2020, DATED 30/09/2020 BEFORE THE DRT-II, ERNAKULAM.

EXHIBIT P4 THE TRUE COPY OF THE ADVOCATE NOTICE DATED 17/12/2020 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.

EXHIBIT P5 THE TRUE COPY OF THE STAY PETITION DATED 18/12/2020 FILED BY THE PETITIONER IN REVIEW PETITION 04/2020 BEFORE DRT-II ERNAKULAM.

EXHIBIT P6 THE TRUE COPY OF THE REPLY AFFIDAVIT DATED 20/05/2019 FILED BY THE PETITIONER IN SA 158/2019 BEFORE DRT-II ERNAKULAM.

EXHIBIT P7 THE TRUE COPY OF THE REVIEW PETITION NO.04/2020 DATED 21/12/2020 BEFORE THE DRT- II, ERNAKULAM.