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2023 Supreme(Online)(KER) 19221

HIGH COURT OF KERALA
C.S. DIAS, J
M/S. DEVA MATHA ROCK PRODUCTS – Appellant
Versus
M/S. HERO FINCROP LTD – Respondent
OP (DRT) 319 2023



Advocates:
K.P.PRADEEP, HAREESH M.R., SANAND RAMAKRISHNAN, T.T.BIJU, T.THASMI, M.J.ANOOPA

The court confirmed the supervisory role under Article 227 to ensure compliance with legal procedures in appellate matters related to debt recovery.

Headnote:

Debt Recovery - Original Petition - Article 227 - Debt Recovery Appellate Tribunal Execution

Fact of the Case:

An original petition was filed to direct the Debt Recovery Appellate Tribunal to register and consider several applications related to an appeal pending before it.

Finding of the Court:

The court exercised its supervisory powers under Article 227, ordering the petitioner to submit physical copies of their appeal and applications, allowing the respondents to file objections, and directing the Tribunal to handle these expeditiously.

Issues: Whether the petitioner's applications should be registered and considered by the Debt Recovery Appellate Tribunal in compliance with legal procedures.

Ratio Decidendi: The court emphasized the need for adherence to procedural requirements in the appellate process and the importance of timely disposal of applications.

Final Decision: The original petition is ordered, directing the Tribunal to expedite consideration of pending applications.

JUDGMENT

The original petition is filed to direct the Debt Recovery Appellate Tribunal – the 3rd respondent – to register Exts.P3 appeal, P4 waiver petition, P5 on-line appeal, P6 application to dispense with pre-deposit and P7 application for stay of further proceedings, on its merits and dispose of the same in accordance with law.

2. Pursuant to the order dated 16.08.2023 passed by this Court, the Appellate Tribunal, by communication dated 22.08.2023, has informed this Court that the petitioner has filed Appeal (Diary) No.1102/2023 on 09.08.2023 along with two interlocutory applications bearing Diary Nos.1103/2023 and 1104/2023. The hard copies of the appeal and the applications are yet to be produced for scrutiny. The Tribunal would consider and dispose of the same as directed by this Court.

3. Heard; Sri.K.P.Pradeep, the learned Counsel appearing for the petitioners and Sri.Poulochan Antony, the learned Counsel appearing for the respondents 1 and

2. Notice to the 3rd respondent is dispensed with.

4. Having considered the pleadings and materials on record and after perusing the communication of the Appellate Tribunal and in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India , I am inclined to order the original petition.

Resultantly, I order the original petition as follows:

(i) The petitioner is directed to produce the physical copies of the appeal and the applications before the Appellate Tribunal within one week from the date of receipt of a certified copy of this judgment, after serving the same on the respondents 1 and 2.

(ii) The respondents 1 and 2 would be at liberty to file their objections to the applications within a further period of one week from the date of receipt of the applications.

(iii) The Appellate Tribunal is directed to consider and dispose of the two interlocutory applications filed by the petitioner, in accordance with law and as expeditiously as possible, at any rate within a period of one month after the respondents 1 and 2 file their objections to the applications and after affording both sides an opportunity of being heard.

(iv) Until such time orders are passed on the two applications in the appeal, the respondents 1 and 2 are directed to defer further proceedings pursuant to Exts.P1 and P2.

Sd/-

C.S.DIAS JUDGE rkc/24.08.23 APPENDIX OF OP (DRT) 319/2023 PETITIONER EXHIBITS 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 P1(a) TRUE COPY OF THE SA NO.480 OF 2022 DATED

07-10-2022 FILED BY THE PETITIONERS BEFORE THE DEBIT RECOVERY TRIBUNAL, 1, ERNAKULAM Exhibit P2 TRUE COPY OF THE ORDER IN SA NO.480 OF

2022 DATED 19-06-2023 OF THE HON'BLE DEBTS RECOVERY TRIBUNAL-1, ERNAKULAM Exhibit P3 TRUE COPY OF THE PAPER FORM OF APPEAL DATED 28-07-2023 FILED BY THE PETITIONERS BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI Exhibit P4 TRUE COPY OF THE IA DATED 28-07-2023 FILED BY THE PETITIONERS UNDER PROVISO TO SECTION 18 OF THE ACT BEFORE THE APPELLATE TRIBUNAL Exhibit P5 TRUE COPY OF THE ONLINE APPEAL SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT ON 09-08-2023 Exhibit P6 TRUE COPY OF THE APPLICATION DATED 09-08-

2023 FOR DISPENSING THE PRE-DEPOSIT Exhibit P7 TRUE COPY OF THE APPLICATION DATED 09-08-

2023 FOR STAY OF DEMAND

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