Kerala High Court
M/S. Jis International Exports Pvt. Ltd vs Union Of India on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.16715/2024 1/4 Order Date : 10-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
WP(C) NO. 16715 OF 2024
PETITIONERS:
1. M/S. JIS INTERNATIONAL EXPORTS PVT. LTD, 28/60,FIRST FLOOR,G
G-107,PANAMPILLY NAGAR,ERNAKULAM,REP. BY ITS MANAGING DIRECTOR,
DOMINIC SEBASTIAN, PIN - 682036
2. DOMINIC SEBASTIAN, AGED 66 YEARS S/O. LATE MATHEW SEBASTIAN PAN
:AEMPS1155G, FLAT NO.15E1-RDS AVENUE ONE, PANAMPILLY NAGAR,
ERNAKULAM, PIN - 682036
3. MRS. GEENA DOMINIC, AGED 62 YEARS W/O. DOMINIC SEBASTIAN
PAN:ACZPD6511C, FLAT NO. 15E1-RDS AVENUE ONE, PANAMPILLY NAGAR,
ERNAKULAM, PIN - 682036
4. M/S ALLIANCE MARITIME PVT. LTD, CINU 63090KL 1999PTCO12787 28/60 ,
A-1, 1ST FLOOR G-107, PANAMPILLY NAGAR, ERNAKULAM, REPRESENTED BY
ITS MANAGING DIRECTORMR. DOMINIC SEBASTIAN, PIN - 682036
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY,MINISTRY OF FINANCE
(DEPARTMENT OF FINANCIAL SERVICES) NEW DELHI, PIN - 110001
2. THE REGISTRAR, DEBT RECOVERY TRIBUNAL-1, ERNAKULAM, 5TH FLOOR, KSHB
BUILDING, PANAMPILLY NAGAR, ERNAKULAM, PIN - 682036
3. DEBT RECOVERY TRIBUNAL-1, ERNAKULAM, 5TH FLOOR, KSHB BUILDING,
PANAMPILLY NAGAR, ERNAKULAM, REPRESENTED BY ITS REGISTRAR, PIN -
682036
4. THE DEBTS RECOVERY TRIBUNAL-2, (ERNAKULAM & LAKSHWADEEP), 1ST FLOOR,
KERALA STATE HOUSING, BOARD BUILDING, PANAMPILLY NAGAR ERNAKULAM,
REPRESENTED BY ITS REGISTRAR, PIN - 682036
5. INDIAN OVERSEAS BANK, CENTRAL OFFICE, 6 TH FLOOR, ANNEX BUILDING,
763, ANNA SALAI, CHENNAI, TAMIL NADU, REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR, PIN - 600002
6. THE AUTHORISED OFFICER, INDIAN OVERSEAS BANK, ERNAKULAM MAIN BRANCH
M.G ROAD, ERNAKLULAM, PIN - 682015
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings as against the petitioners by the
6th respondent until the regular bench of debt recovery tribunal hear and
decide on the question of limitation pending disposal of the wp© in the
interest of justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.GEORGE POONTHOTTAM, Senior Advocate along with M/S NISHA GEORGE &
C.S.ULLAS, Advocates for the petitioners, SRI.A.K.HARIDAS, Advocate for R1
and of M/s.SUNIL SHANKAR A, DEVAYANI NAIR T.H. & VIDYA GANGADHARAN,
WP(C) No.16715/2024 2/4 Order Date : 10-05-2024
Advocates for R5 & R6, the court passed the following:
WP(C) No.16715/2024 3/4 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
========================
W.P.(C) No. 16715 of 2024
========================
Dated this the 10th day of May, 2024
ORDER
Interim Order is extended by one month.
Post on 07.06.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
Svn
WP(C) No.16715/2024 4/4 Order Date : 10-05-2024
APPENDIX OF WP(C) 16715/2024
Exhibit-P1 THE TRUE COPY OF THE AMENDED SA 224/2021 FILED ON
NOVEMBER 2021 BEFORE THE 3RD RESPONDENT, WITHOUT
ANNEXURES,
Exhibit -P2 THE TRUE COPY OF THE IA 1081/2022 IN SA 224/2021 FILED
BEFORE THE 3RD RESPONDENT DATED 1ST JUNE 2022
Exhibit -P3 THE TRUE COPY OF THE IA 868/2022 IN SA 224/2021 FILED
BEFORE THE 3RD RESPONDENT IN MAY 2022
Exhibit -P4 THE TRUE COPY OF THE ORDER DATED 7.7.2022 IN IA
868/2022 IN SA 224/2021 PASSED BY THE 3RD RESPONDENT
Exhibit -P5 THE TRUE COPY OF THE IA 1954/2022 (WITHOUT ANNEXURES)
IN SA 224/2021 FILED BEFORE THE 3RD RESPONDENT DATED
10TH SEPTEMBER 2022
Exhibit -P6 THE TRUE COPY OF THE IA 1955/2022 IN SA 224/2021 FILED
BEFORE THE 3RD RESPONDENT DATED 9TH SEPTEMBER 2022,
WITHOUT ANNEXURES
Exhibit-P7 THE TRUE COPY OF THE IA 1985/2022 IN SA 224/2021 FILED
BEFORE THE 3RD RESPONDENT DATED 14TH SEPTEMBER 2022
Exhibit-P8 THE TRUE COPY OF THE AFFIDAVIT DATED 22.9.2022 FILED BY
THE PETITIONERS IN SA 224/2021 BEFORE THE 3RD
RESPONDENT
Exhibit -P9 THE TRUE COPY OF THE PETITION IA 2393/2022 (WITHOUT
ANNEXURES) FILED IN SA 224/2021 BEFORE THE 3RD
RESPONDENT ON 5TH OCTOBER 2022
Exhibit -P10 THE TRUE COPY OF THE JUDGMENT DATED 24.5.2023 IN WP©
NO. 31891/2022 PASSED BY THIS HON'BLE COURT
Exhibit -P11 THE TRUE COPY OF THE PROCEEDINGS IN SA 224/2021 BEFORE
THE 3RD RESPONDENT ON DIFFERENT DATES
Exhibit-P12 THE TRUE COPY OF THE ORDER DATED 18.8.2023 IN IA
868/2022 IN SA 224/2021 PASSED BY THE 3RD RESPONDENT
Exhibit-P13 THE TRUE COPY OF THE JUDGMENT DATED 19.04.2024 IN
OP(DRT) 351/2023 PASSED BY THIS HON'BLE COURT
Exhibit-P14 THE TRUE COPY OF THE IA 1619/2024 IN SA 224/2021 FILED
BEFORE THE 3RD RESPONDENT ON 23.04.2024
Exhibit -P15 THE TRUE COPY OF THE NOTIFICATION NO. 1/77/2008-
DRTE/ADMN. DATED 15.4.2024 ISSUED BY THE 1ST RESPONDENT
Exhibit -P16 THE TRUE COPY OF THE NOTIFICATION F/NO. 7/1/2019-DRT
DATED 4.1.2021 ISSUED BY THE GOVERNMENT OF INDIA
Exhibit -P17 THE TRUE COPY OF THE JUDGMENT DATED 5.2.2021 IN WP© NO.
2966/2021 PASSED BY THIS HON'BLE COURT
Exhibit -P18 THE TRUE COPY OF THE JUDGMENT DATED 23.3.2021 IN WA
384/2021 PASSED BY THIS HON'BLE COURT.
Exhibit -P19 THE TRUE COPY OF THE INTERIM ORDER DATED 9.12.2022 IN
SLP© 101/2023 (DIARY NO.34629/2022 PASSED BY THE
HON'BLE SUPREME COURT OF INDIA
