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2023 Supreme(Online)(KER) 17211
HIGH COURT OF KERALA
C.S. DIAS, J
M/S.KAIKKARA CONSTRUCTION COMPANY, – Appellant
Versus
M/S.SOUTH INDIAN BANK LTD., – Respondent
OP (DRT) 311 2023
LEO GEORGE, SAJU N.A.
The court reinforced the need for timely adjudication in tribunal matters while ensuring parties have a fair opportunity to present their case.
Headnote:
Supervisory Jurisdiction - Debts Recovery - Article 227 - The court mandated the Tribunal to expedite the hearing and decision on a pending application within a specified timeline, ensuring fair opportunity for both parties.
Fact of the Case:
The petition requests the court to direct the Debts Recovery Tribunal to expeditiously consider and dispose of a pending application.
Finding of the Court:
The court examined the pleadings and Tribunal's communication, emphasizing the need for a timely decision while allowing the respondent to submit a counter affidavit.
Issues: Whether the Debts Recovery Tribunal should expedite the decision-making process concerning a pending application.
Ratio Decidendi: The court exercised its supervisory powers under Article 227, ensuring adherence to procedural fairness and timeliness in Tribunal proceedings.
Final Decision: The Tribunal must decide M.A.No.116/2023 by 23.08.2023 after hearing both sides.
J U D G M E N T
The original petition is filed to direct the Debts Recovery Tribunal-2, Ernakulam,(Tribunal) to consider and dispose of M.A.No.116/2023 in T.A.No.1/2023, expeditiously.
2. Pursuant to the order dated 10.08.2023 passed by this Court, the Tribunal, by communication dated 10.08.2023, has informed this Court that M.A.No.116/2023 was posted on 31.07.2023 and has been adjourned to 18.08.2023. The defendant has to be file its counter affidavit to the above application. The Tribunal would dispose of the application within
15 days from 18.08.2023.
3. Heard; Shri.Leo George, the learned counsel appearing for the petitioners and Sri. Sunil Shanker, the learned counsel appearing for the respondent.
4. Having considered the pleadings and materials on record and after perusing the communication of the Tribunal, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India , I dispose of the original petition as follows:
(i) The respondent would be at liberty to file its counter affidavit to M.A.No.116/2023, if so advised, on or before 18.08.2023.
(ii) The Debt Recovery Tribunal-2, Ernakulam, shall consider and dispose of M.A.No.116/2023 in T.A.No.1/2023, in accordance with law and as expeditiously as possible, at any rate, on or before 23.08.2023, after affording both sides an opportunity of being heard.
Sd/-
C.S.DIAS,JUDGE DST/11.08.23 //True copy//
P.A.To Judge APPENDIX PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE FINAL ORDER PASSED BY THE DEBTS RECOVERY TRIBUNAL ERNAKULAM IN OA NO.
212/2009 DATED 14.11.2011 EXHIBIT P2 TRUE COPY OF DEMAND DRAFT FOR RS.
4,93,49,879/- DRAWN IN THE NAME OF THE SECOND PETITIONER DATED 24.02.2012 EXHIBIT P3 TRUE COPY OF JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WPC NO.19935/2023 DATED 27.06.2023 EXHIBIT P4 TRUE COPY OF MA NO. 116/2023 IN T.A NO.1/2023 0N THE FILES OF DEBTS RECOVERY TRIBUNAL-LL ERNAKULAM DATED 19.07.2023 EXHIBIT P5 TRUE COPY OF MA NO. 115/2023 IN T.A NO.1/2023 0N THE FILES OF DEBTS RECOVERY TRIBUNAL-II ERNAKULAM DATED 19.07.2023 EXHIBIT P6 TRUE COPY OF THE THE PRINT OUT OF PROCEEDINGS IN MA NO.115/2023 IN T.A NO. 1/2023 OF THE DEBTS RECOVERY TRIBUNAL-LI ERNAKULAM DOWNLOADED FROM THE WEB SITE OF THE TRIBUNAL NAMELY DRT.GOV.IN DATED
21.07.2023 EXHIBIT P7 A TRUE COPY OF IA NO. 2381/2023 IN T.A NO.
1/2023 0N THE FILES OF DEBTS RECOVERY TRIBUNAL-II ERNAKULAM DATED 24.07.2023 EXHIBIT P8 A TRUE COPY OF THE THE PRINT OUT OF PROCEEDINGS OF LA NO. 2381/2023 IN T.A NO. 1/2023 0N THE FILES OF DEBTS RECOVERY TRIBUNAL-II ERNAKULAM DOWNLOADED FROM THE WEB SITE OF THE TRIBUNAL NAMELY DRT.GOV.IN DATED 25.07.2023 EXHIBIT P9 CERTIFIED COPY OF THE ENTIRE PROCEEDINGS IN MA NO.116/2023 IN TA NO.1/2023 ON THE FILES OF DEBTS RECOVERY TRIBUNAL-LL ERNAKULAM FROM 21.07.2023 TO 31.07.2023 RESPONDENT’S EXHIBITS: NIL
