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2021 Supreme(Online)(KER) 9362

HIGH COURT OF KERALA
KERALA FASHION JEWELLERY – Appellant
Versus
THE UNION OF INDIA – Respondent


Advocates:
['P CHANDRASEKHAR', '', 'SRI K K MOHAMED RAVUF', 'SHRI SATHEESH V T', 'SMT MANJARI G B', 'SRI C S ULLAS']

JUDGMENT

Dated this the 5th day of February 2021 Heard the learned counsel for the petitioners. The petitioners have made the following prayers in the instant writ petition.

A. Call for the records leading to the issuance of Exhibit P1 and quash Exhibit P1 to the extent that additional charge of Debt Recovery Tribunal 2 Ernakulam was given to the Presiding Officer of Debt Recovery Tribunal, Bangalore-II, by issuing a Writ of Certiorari or any other appropriate Writ, order or direction.

B. Issue a Writ of Prohibition restraining the 3rd respondent from functioning as Presiding Officer in additional charge of Debt Recovery Tribunal, Ernakulam to try, adjudicate and dispose of SA 372/2018 filed by the petitioners pending before the Debt Recovery Tribunal-2 Ernakulam as per Ext P1.

C. Issue a Writ of Mandamus to the 1st respondent to entrust the additional charge of Debt Recovery Tribunal-2 Ernakulam to any other Presiding Officer or Judicial member of any other Tribunal established and constituted under any other law for the time being in force other than the Recovery of Debts and Bankruptcy Act, 1993 functioning under the Government of India in Ernakulam invoking section 4(2)(a) and (b)

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