Paul Vareed C vs South Indian Bank Ltd
2024 Latest Caselaw 11720 Ker

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

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

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

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