Abdul Junais vs Canara Bank
2023 Latest Caselaw 6696 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE C.S.DIAS

      TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945

                       OP (DRT) NO. 211 OF 2023

AGAINST THE ORDER IN S.A. 90/2023 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM



PETITIONER:

           ABDUL JUNAIS, AGED 39 YEARS
           THARAMMAL HOUSE, MATHUVALLUR P.O, KONDOTTY TALUK,
           MALAPPURAM DISTRICT, PIN-673638

           BY ADVS.RADHAKRISHNA PILLAI.G.
           T.A.SHAIN


RESPONDENTS:

           CANARA BANK, REP. BY AUTHORISED OFFICER, CANARA BANK,
           KONDOTTY BRANCH, MALAPPURAM DISTRICT-676505



           SRI.GOPI KRISHNAN NAMBIAR


    THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(DRT)NO.211 OF 2023
                                  :: 2 ::



                            JUDGMENT

Dated this the 20th day of June 2023

The original petition is filed to direct the Debt

Recovery Tribunal-I, Ernakulam, to consider and

dispose of Ext.P2 application filed by the petitioner

seeking for consolidation and joint trial of S.A.90/23

along with O.A.250/22 pending before the Debt

Recovery Tribunal I, Ernakulam.

2. The petitioner's case is that the respondent has

preferred O.A.250/22 before the above Tribunal. The

petitioner has filed S.A.90/23 before the same Tribunal.

Therefore, it is necessary and expedient that both the

proceedings are jointly tried. The petitioner has

preferred Ext.P2 application before the Tribunal for

consolidation and joint trial of two proceedings.

However, Ext.P2 is not considered, till date, by the

Tribunal. Hence, this original petition.

3. Heard; Sri.Radhakrishna Pillai.G., the learned

counsel appearing for the petitioner and O.P.(DRT)NO.211 OF 2023 :: 3 ::

Sri.Gopikrishnan Nambiar, the learned counsel

appearing for the respondent.

4. Having considered the pleadings and materials

on record and taking note of the fact that Ext.P2

application is pending consideration before the

Tribunal, in exercise of the supervisory powers of this

Court under Article 227 of the Constitution of India, I

direct the Debt Recovery Tribunal - I, Ernakulam, to

consider and dispose of Ext.P2 application, in

accordance with law and as expeditiously as possible, at

any rate, within a period of one month from the date of

receipt of a certified copy of the judgment, after

affording the petitioner and the respondent an

opportunity of being heard.

The original petition is ordered accordingly.

sd/-

C.S.DIAS JUDGE jes O.P.(DRT)NO.211 OF 2023 :: 4 ::

APPENDIX OF OP (DRT) 211/2023

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT DATED 8.3.2023.

Exhibit P2 THE TRUE COPY OF THE JOINT TRIAL PETITION DATED 12.5.2023.

Exhibit P3 A TRUE COPY OF THE INTERIM ORDER STATUS QUO DATED 27.2.2023.

Exhibit P4 THE TRUE PHOTOCOPY OF THE ORDER OF HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI DATED 23.11.2022.

Exhibit P5 TRUE COPY OF THE NOTICE DATED 3.12.2022 ISSUED BY THE ADVOCATE COMMISSIONER.