SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Ker) 623

P. V. KUNHIKRISHNAN
Federal Bank Ltd Represented By Its Assistant Vice President – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MOHAN JACOB GEORGE, P.V.PARVATHY (P-41), REENA THOMAS, NIGI GEORGE
For the Respondent: SRI. B.S.SYAMANTAK, GP

JUDGMENT :

The above writ petition is filed with following prayers:

    “i. Declare that the pecuniary jurisdiction of DRT under the Recovery of Debts and Bankruptcy Act, 1993 being enhanced to Rs.20 lakhs and above, the bar of jurisdiction under 18 of the said Act do not apply to recovery actions initiated under The Kerala Revenue Recovery Act, 1968, by the Banks and Financial Institutions for recovery of debts due to it where the amounts sought to be recovered are below Rs.20 lakhs;

ii. Issue a writ of Certiorari or such other appropriate writ or order calling for the records leading to Ext-P1 and quash Ext-P1;

iii. Issue a writ of Mandamus or such other appropriate writ or order commanding the 2nd Respondent to issue fresh/modified circular in respect of requisition made by banks and financial institutions for recovery of money under the Kerala Revenue Recovery Act, 1968 taking into account the declarations given under relief No.1 above forthwith or within a time limit prescribed by this Hon’ble Court;

iv. Direct the respondents 2 and 3 to proceed with Ext-P2 requisition made by the petitioner bank and to recover the amounts due under it from the defaulters without any further delay;

v. D

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top