Kerala High Court
M/S. Deva Matha Rock Products vs M/S. Hero Fincrop Ltd on 30 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
WA No.626/2024 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Tuesday, the 30th day of April 2024 / 10th Vaisakha, 1946
WA NO. 626 OF 2024
AGAINST THE JUDGMENT DATED 23/04/2024 IN WP(C) 5346/2024 OF THIS COURT
APPELLANT(S):
1. M/S. DEVA MATHA ROCK PRODUCTS A PARTNERSHIP FIRM, REGISTERED OFFICE
AT ODAKKALY, ASAMANNOR P.O, PERUMBAVOOR REPRESENTED BY ITS PARTNER N
D JOSEPH, PIN - 682035
2. NELLIMATTATHIL DANIEL JOSEPH AGED 64 YEARS S/O. NELLIMATTATHIL
MATHAI DANIEL, NELLIMATTATHIL HOUSE, AYURVEDHA JUNCTION,
THIRUVAMKULAM P.O., THIRUVAMKULAM ERNAKULAM DIST-, PIN - 682305
3. LEELA JOSEPH, AGED 56 YEARS D/O. THADIKKARAN KURIAKOSE
ABRAHAM,NELLIMATTATHIL HOUSE, AYURVEDHA JUNCTION, THIRUVAMKULAM
P.O., THIRUVAMKULAM ERNAKULAM DIST-, PIN - 682305
BY ADVS.M/S. PRADEEP K.P.,T.T. BIJU, THASMI.T & ANOOPA M.J.
RESPONDENT(S):
1. M/S. HERO FINCROP LTD REGISTERED OFFICE AT 34, BASANT LOK, VASANT
VIHAR, NEW DELHI-110 057 REPRESENTED BY ITS AUTHORISED OFFICER,
NO.12, 3RD FLOOR, INCUBEX NESTEVERA, LONGFORD ROAD, LONGFORD TOWN,
SHANTHINAGAR, BANGLORE, PIN - 560025
2. INDIA RESURGENCE ARC PVT LTD 32ND FLOOR, NO.1133, 100 FEET ROAD,HAL
2ND STAGE, INDIRA NAGAR,BANGLORE, KARANATAKA REPRESENTED BY ITS
AUTHORISED OFFICER, PIN - 560038
3. DEBT RECOVERY APPELLATE TRIBUNAL(DRAT), CHENNAI 7TH FLOOR,
ADDITIONAL OFFICE BUILDING, SHASTRI BHAWAN, HADDOWS ROAD, CHENNAI
REPRESENTED BY ITS REGISTRAR, PIN - 600006
4. REGISTRAR DEBT RECOVERY APPELLATE TRIBUNAL(DRAT), CHENNAI 7TH FLOOR,
ADDITIONAL OFFICE BUILDING, SHASTRI BHAWAN, HADDOWS ROAD, CHENNAI,
PIN - 600006
BY ADV. PAULOCHEN ANTONY FOR R1
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all proceedings pursuant to Ext.P1, further actions to recover the
debt covered by Ext P2 Order dated 19.06.2023 in SA No. 480 of 2022 of the
Hon'ble Debt Recovery Tribunal-1, Ernakulam, and all further proceedings
therein for the recovery, pendng disposal of this Writ Appeal.
This Writ Appeal coming on for orders on 30/04/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
WA No.626/2024 2/3
ORDER
Sri. Paulochen Antony-Learned Counsel for R1, submitted that no
steps have been taken by the appellant to move Appeals pending before the
DRAT.
This is, however, vehemently opposed by Smt. M.J.Anoopa learned
Counsel for the petitioner and she offered to place on record an
affiidavit by her client as to the measures taken by him to have the
appeals heard at the earliest.
We,therefore, adjourn this matter to be called on 03/05/2024; within
which time, the appellant will be at liberty to file an affidavit as
offered; and, as a supplymentary measure, we direct the Registry to try
and obtain a report from the DRAT, as to the status of the Chamber Appeal,
bearing no. 178/2024, by the most expedient method, including Email/Fax.
Post on 3/5/24; until which day, we record the undertaking of Sri.
Paulochen Antony that no recvery action has been initiated.
Sd/- DEVAN RAMACHANDRAN JUDGE
Sd/- EASWARAN S. JUDGE
EXHIBIT P1 : TRUE COPY OF THE ADVOCATE COMMISSIONER
NOTICE DATED 27-09-2022 IN MC NO 333 OF 2020
OF THE ACJM COURT, ERNAKULAM
EXHIBIT P2 TRUE COPY OF THR ORDER IN SA NO. 480 OF 2022
DATED 19-06-2023 OF THE
HON'BLE DEBTS RECOVERY TRIBUNAL-1, ERNAKULAM
30-04-2024 /True Copy/ Assistant Registrar
