IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 15TH DAY OF JANUARY 2014/25TH POUSHA, 1935 OP (DRT).No. 4461 of 2013 (O)
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AGAINST THE ORDER IN OA 8/2013 of DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER(S)/RESPONDENT 3 AND 4 IN OA:
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1. PVS APARTMENT
KTC BUILDING, YMCA ROAD, CALICUT-673001
REPRESENTED BY ITS MANAGING PARTNER P.V.GANGADHARAN.
2. P.V.GANGADHARAN
S/O.LATE P.V.SAMI, AZCHAVATTOM
VALAYANAD AMSOM AND DESOM, MANKAVE, KOZHIKODE DISTRICT
PIN-673007.
BY ADVS.SMT.SUMATHY DANDAPANI (SR.)
SRI.MILLU DANDAPANI
RESPONDENT(S)/APPLICANTS AND DEFENDANTS 1 AND 2 IN OA:
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1. STATE BANK OF INDIA
STREESED ASSETS RECOVERY BRANCH, II FLOOR
R.S.BUILDING, M.G.ROAD, ERNAKULAM
COCHIN-682001
REPRESENTED BY MANAGER/CITY CASE OFFICER.
2. BOBBY HUSSAIN, AGED 33 YEARS
S/O.MR.HUSSAIN
REPRESENTED BY POWER OF ATTORNEY
HOLDER MR.M.B.FAZAL MOHAMMED
S/O.DR.BAVAKUNHI, MALIYAKKAL HOUSE, K.S.H.B.C. PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679322.
3. ZERIN, AGED 34 YEARS
W/O.BOBBY HUSSAIN
REPRESENTED BY POWER OF ATTORNEY HOLDER
MR.M.B.FAZAL MOHAMMED, S/O.DR.BAVAKUNHI
MALIYAKKAL HOUSE, K.S.H.B.C., PERINTHALMANNA
MALAPPURAM DISTRICT, PIN-679322. R-R2, R3 BY ADV. SRI.K.M.SATHYANATHA MENON
R BY SRI.TOM K.THOMAS, SC SBI
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP
FOR ADMISSION ON 15-01-2014, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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OP (DRT).No. 4461 of 2013 (O) ------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS -----------------------------
EXHIBIT P1 : TRUE COPY OF THE OA 8/2013 DT.4-1-2013 WITHOUT ANNEXURES. EXHIBIT P2 : TRUE COPY OF THE AGREEMENT DT.3-12-2007 EXECUTED BY THE
PETITIONER AND RESPONDENTS 2 AND 3.
EXHIBIT P3 : TRUE COPY OF THE TRIPARTITE AGREEMENT EXECUTED BETWEEN
THE PETITIONER AND RESPONDENTS DT.12-4-2008.
EXHIBIT P4 : TRUE COPY OF THE IA 93/2013 IN OA 8/2013 DT.4-1-2013 FILED
BY THE FIRST RESPONDENT BANK.
EXHIBIT P5 : TRUE COPY OF THE ORDER OF CONDITIONAL ATTACHMENT OF
IMMOVABLE PROPERTY DT.9-1-2013 IN IA.93 OF 2013 IN OA 8/2013.
EXHIBIT P6 : TRUE COPY OF THE WRITTEN STATEMENT IN OA 8/2013 FILED BY THE PETITIONER HEREIN DT.26-4-2013.
EXHIBIT P7 : TRUE COPY OF THE IA 2280/2013 IN OA 8/2013 DT.30-7-2013
FILED BY THE PETITIONER.
RESPONDENT(S)' EXHIBITS: NIL. ------------------------------
//TRUE COPY//
P.S. TO JUDGE.
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V.CHITAMBARESH, J.
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O.P (DRT) No.4461 of 2013 ---------------------
Dated this the 15thday of January, 2014
J U D G M E N T
The petitioners have preferred Ext.P7 interlocutory application to modify Ext.P5 conditional order of attachment of property. Such conditional order was passed in O.A.No.8/2013 filed by the first respondent under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The limited prayer put forth is for an early consideration of Ext.P7 interlocutory application and confine the order of attachment to a few flats only and not the entire apartment.
2. The power of attorney holder of respondents 2 and 3 contends that there is no subsisting authority for him to represent respondents 2 and 3 herein in O.A.No.8/2013. The power of attorney adds that he is not even a party either to O.A.No.8/2013 or to Ext.P5 order in I.A.No.93/2013. The amplitude of the authority under the power of attorney has ofcourse to be decided by the Debts Recovery Tribunal only.
3. I direct the Debts Recovery Tribunal to
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OP (DRT) No.4461 of 2013.
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dispose of Ext.P7 interlocutory application (I.A.No.2280/2013) in O.A.No.8/2013 with notice to the impleaded parties. The needful shall be done within a period of six weeks from the date of receipt of a copy of this judgment.
The Original Petition is disposed of.
Sd/-
V.CHITAMBARESH,
Judge.
nj.
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