Murali E.K, vs State Bank of India Rep. by Its Authorized Officer

Type Court Judgment Court Kerala Decided Aug 18, 2023

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Citation: sooperkanoon.com/1382058
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Aug 18, 2023
Case Number: OP (DRT)/315/2023

Parties & Advocates

Appellant / Petitioner

Murali E.K,

Respondent

State Bank of India Rep. by Its Authorized Officer

Excerpt

.....delivered the following: -2-c.s. dias, j.o.p.(drt) no.315 of 2023 dated this the 18th day of august, 2023judgmentthis writ petition is filed to direct the debts recovery tribunal-ii, ernakulam to consider and dispose of o.a. no.341 of 2021 within a time period to be fixed by this court.2. pursuant to the order dated 10.08.2023 passed by this court, the tribunal, by communication dated 14.08.2023, has informed this court that o.a. no.341 of 2021 can be disposed of within six months.3. heard smt. e.v. moly, the learned counsel for the petitioner and sri. jithesh menon, the learned counsel for the respondent.4. having considered the pleading and materialson record and after perusing the communication of the -3- tribunal, by exercising the extraordinary jurisdiction of this court under article 227 of the constitution of india, i am inclined to allow the writ petition. therefore, the writ petition is disposed of as follows: the debts recovery tribunal-ii, ernakulam is directed to consider and dispose of o.a. no.341 of 2021 in accordance with law and as expeditiously as possible, at any rate, within six months from the date of receipt of a certified copy of this judgment, after affording the parties an opportunity of hearing.sd/- c.s. dias judge bpr -4- appendix of op (drt) 315/2023 petitioner's exhibits exhibit p1 the true copy of the demand notice dated 24.8.2021 received by the petitioner exhibit 2 the true copy of the possession notice (armb/ekm/672) dated 19.1.2022 issued by the respondent bank exhibit p3 the true copy of the judgment dated 21.2.2022 in wpc no.5733/2022 exhibit p4 the true copy of the oa paper book along with annexures received by the exhibit p5 the true copy of the notice dated 31.07.2023 issued by the advocate commissioner and received by the exhibit 6 the true copy of the written statement filed (id.no.5794/2023) by the petitioner in oa.341/2021 before hon'ble drt-ii, ernakulam

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 18TH DAY OF AUGUST 2023 / 27TH SRAVANA, 1945 PETITIONER/DEFENDANT: MURALI E.K., AGED 52 YEARS, S/O. KRISHNANKUTTY, ERATH HOUSE, MULLASSERY P.O., THRISSUR DISTRICT-680 509 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SMT. SAJINI MURALI, AGED 47 YEARS, W/O. MURALI E.K., ERATH HOUSE, MULLASSERY P.O., THRISSUR DISTRICT-680 509. BY ADV. E.V.MOLY RESPONDENT/APPLICANT: STATE BANK OF INDIA REPRESENTED BY ITS AUTHORIZED OFFICER ASSET RECOVERY MANAGEMENT BRANCH, 1ST FLOOR, R.S. BUILDING, M.G.ROAD, ERNAKULAM-682 011. THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 18.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
C.S. DIAS, J.
O.P.(DRT) No.315 of 2023 Dated this the 18th day of August, 2023

JUDGMENT

This writ petition is filed to direct the Debts Recovery Tribunal-II, Ernakulam to consider and dispose of O.A. No.341 of 2021 within a time period to be fixed by this Court.

2. Pursuant to the order dated 10.08.2023 passed by this Court, the Tribunal, by communication dated 14.08.2023, has informed this Court that O.A. No.341 of 2021 can be disposed of within six months.

3. Heard Smt. E.V. Moly, the learned counsel for the petitioner and Sri. Jithesh Menon, the learned counsel for the respondent.

4. Having considered the pleading and materials

on record and after perusing the communication of the -3- Tribunal, by exercising the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India, I am inclined to allow the writ petition. Therefore, the writ petition is disposed of as follows: The Debts Recovery Tribunal-II, Ernakulam is directed to consider and dispose of O.A. No.341 of 2021 in accordance with law and as expeditiously as possible, at any rate, within six months from the date of receipt of a certified copy of this judgment, after affording the parties an opportunity of hearing.

Sd/- C.S. DIAS JUDGE bpr -4- APPENDIX OF OP (DRT) 315/2023 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE DATED 24.8.2021 RECEIVED BY THE PETITIONER Exhibit 2 THE TRUE COPY OF THE POSSESSION NOTICE (ARMB/EKM/672) DATED 19.1.2022 ISSUED BY THE RESPONDENT BANK Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 21.2.2022 IN WPC NO.5733/2022 Exhibit P4 THE TRUE COPY OF THE OA PAPER BOOK ALONG WITH ANNEXURES RECEIVED BY THE Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 31.07.2023 ISSUED BY THE ADVOCATE COMMISSIONER AND RECEIVED BY THE Exhibit 6 THE TRUE COPY OF THE WRITTEN STATEMENT FILED (ID.NO.5794/2023) BY THE PETITIONER IN OA.341/2021 BEFORE HON'BLE DRT-II, ERNAKULAM

Same Court & Year Kerala · 2023 Same Parties Murali E.K, vs State Bank of India Rep. by Its Authorized Off... Same Judge Honourable Mr.Justice C.S.Dias