MASTER EDWIN (MINOR 11 YEARS) versus THE AUTHORISED OFFICER

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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MASTER EDWIN (MINOR 11 YEARS) v. THE AUTHORISED OFFICER - WP(C) No. 6309 of 2007(A) [2007] RD-KL 4220 (26 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6309 of 2007(A)

1. MASTER EDWIN (MINOR 11 YEARS)
... Petitioner

2. MASTER ALWIN (MINOR 6 YEARS)

Vs

1. THE AUTHORISED OFFICER
... Respondent

2. UNION OF INDIA, REPRESENTED BY

For Petitioner :SMT.T.D.RAJALAKSHMI

For Respondent : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :26/02/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J

W.P(C).No.6309 OF 2007

Dated this the 26th day of February, 2007

JUDGMENT

Heard.

2. It is directed that if the petitioners move the Debts Recovery Tribunal, it will defer collection of any fee payable on the petitioners' application against the action taken by the respondent Bank under the SARFAESI Act and on the strength of this judgment, that will also form part of the recoverables due to the Bank.

3. In the very peculiar facts and circumstances of this case, it is directed that if the petitioners move such appeal within two weeks from now, the same will be entertained, considered and disposed of on merits, after hearing the necessary parties. To enable the petitioners to move for any interlocutory order  WPC.6309/07 Page numbers before the DRT, status quo as on today will be maintained for a period of three weeks. The writ petition is disposed of with the above directions. THOTTATHIL B.RADHAKRISHNAN Judge kkb. 

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