Kerala High Court
Noorudheen Shah vs The South Indian Bank Ltd on 8 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
OP (DRT) NO. 357 OF 2023
AGAINST THE ORDER/JUDGMENT OA 485/2021 OF DEBT RECOVERY TRIBUNAL-
2, ERNAKULAM
PETITIONERS/DEFENDANTS 1 TO 3:
1 NOORUDHEEN SHAH
AGED 63 YEARS
S/O. KUNJUMON, PROPRIETOR, M/S. SHAH ADVERTISERS,
PATTURAIKKAL, THRISSUR - 680 020 RESIDING AT
AMBALATHUVEETTIL HOUSE, NEAR HSS, BEACH ROAD,
THALIKULAM JN., THRISSUR, PIN - 680 569.
2 LAILA NOORUDHEEN
W/O. MR. NOORUDHEEN SHAH, BEACH ROAD, THALIKULAM JN.,
THRISSUR, PIN - 680 569.
3 NABEEL
S/O. MR. NOORUDHEEN SHAH, BEACH ROAD, THALIKULAM JN.,
THRISSUR, PIN - 680 569.
BY ADV SHABU SREEDHARAN
RESPONDENTS/APPLICANT & GARNISHEE DEFENDANTS 4 & 5:
1 THE SOUTH INDIAN BANK LTD
EAST FORT BRANCH, THRISSUR ST. JOHN'S ARCADE, NEAR
JUBILEE MISSION MEDICAL COLLEGE, REPRESENTED BY ITS CHIEF
MANAGER, MR. SAJI FRANCIS V THRISSUR, PIN - 680 005.
2 THE SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY
LAND ACQUISITION (NATIONAL HIGHWAY), KODUNGALLUR,
THRISSUR, PIN - 680 664.
3 NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI)
KERALA REGION, KERALA REGIONAL OFFICE, TC36/574-1,
KRISHNA KRIPA, PALKULANGARA JUNCTION, REPRESENTED BY ITS
PROJECT DIRECTOR, THRIUVANANTHAPURAM, PIN - 695 008.
SRI. SUNIL SANKAR, SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(DRT) No. 357/2023 :2:
DINESH KUMAR SINGH, J.
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O.P.(DRT). No. 357 of 2023
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Dated this the 8th day of September, 2023.
JUDGMENT
The petitioner, who is the applicant in O.A. No. 485 of 2021 on
the files of the Debt Recovery Tribunal-II, Ernakulam, has filed the
present writ petition under Article 227 of the Constitution of India for
the following reliefs:
1) To set aside Exhibit P5 order passed by the DRT-II, Ernakulam
rejecting the Exhibit P4 IA for advancing the hearing of Exhibit
P1 OA.
2) To direct the DRT-II, Ernakulam to advance the hearing of
Exhibit P1 OA and pass orders on Exhibit P3 IA within a time
frame.
2. Sri. Sunil Sankar, the learned counsel appearing for the first
respondent Bank submits that the Original Application is fixed for
hearing on 10.10.2023 before the Debt Recovery Tribunal-II,
Ernakulam and the Tribunal may be directed to consider and dispose of
Ext.P3, I.A. No. 2036 of 2023.
3. Considering the fact that the matter is listed before the
Tribunal on 10.10.2023, no further direction is required to be passed
in this writ petition, except to say that the Tribunal will make every
endeavor to dispose of Ext.P3 I.A positively on the next date of listing
of the Original Application i.e., on 10.10.2023.
With the aforesaid direction, the present original petition stands
finally disposed of.
sd/-
DINESH KUMAR SINGH,
JUDGE.
Rv
APPENDIX OF OP (DRT) 357/2023
PETITIONER'S EXHIBITS:
Exhibit-P1 THE TRUE COPY OF THE OA NO. 485/2021 SUBMITTED
BY THE 1ST RESPONDENT BEFORE THE DRT-II,
ERNAKULAM DATED 22.11.2021
Exhibit-P2 THE TRUE COPY OF THE IA NO. 1544/2021 IN OA NO.
485/2021 DATED 22.11.2021 FILED BY THE 1ST
RESPONDENT BEFORE THE DRT-II, ERNAKULAM
Exhibit-P3 THE TRUE COPY OF THE IA NO. 2036/2023 IN OA NO.
485/2021 DATED 22.6.2023 FILED BY THE PETITIONERS
BEFORE THE DRT-II, ERNAKULAM
Exhibit-P4 THE TRUE COPY OF THE IA NO. 2402/2023 IN OA NO.
485/2021 DATED 25.7.2023 FILED BY THE PETITIONERS
BEFORE THE DRT-II, ERNAKULAM
Exhibit-P5 THE TRUE COPY OF THE ORDER OF THE DRT-II,
ERNAKULAM IN IA 2402/2023 IN OA NO. 485/2021
DATED 26.7.2023 TAKEN FROM THE OFFICIAL WEBSITE
OF THE DRT
Exhibit-P5(a) THE CERTIFIED COPY OF THE ORDER PASSED BY THE
DRT-II, ERNAKULAM IN OA NO. 485/2021 DATED
26.7.2023
RESPONDENTS' EXHIBITS: NIL
True Copy
PS To Judge.
rv
