IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 5368 of 2010(U) ------------------------------- PETITIONER: -------------- HANUMAN MALL PERIWAL, AGED 80, S/O.JORMUL PERIWAL, NOW RESIDING AT KAMAL SMRUTY, NASIK, ORISSA. BY ADVS. SRI.VARGHESE C.KURIAKOSE SMT.UMA MOORTI RESPONDENTS: ------------------ 1. M/S.INDUSTRIAL FINANCIAL CORPORATION OF INDIA LIMITED, CONTINENTAL CHAMBERS, 142, M.G.ROAD, CHENNAI-34, AND HAVING BRANCH OFFICE AT IFCI BHAVAN, PANAMPILLY NAGAR.P.O, COCHIN-36. 2. M/S.KOTAK MAHINDRA BANK LTD., No.39, CEEBROS CENTRE, IST FLOOR, MONTIETH ROAD, EGMORE, CHENNAI-8. 3. INDUSTRIAL DEVELOPMENT BANK OF INDIA, 115, ANNASALA, SAIDAPET, CHENNAI, AND HAVING BRANCH OFFICE AT P.B.No.4523,PANAMPILLY NAGAR.P.O, COCHIN-36. BY ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R3 SRI.SAJI VARGHESE FOR R3 SMT.MARIAM MATHAI FOR R3 SRI. K. LAKSHMINARAYANAN FOR R2 SMT.SATHYA SHREEPRIYA FOR R2 SRI.R.SUNIL KUMAR FOR R1 SMT.A.SALINI LAL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.5368/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORIGINAL APPLICATION No.1117/1999 ON THE FILES OF DEBTS RECOVERY TRIBUNAL, ERNAKULAM. EXT. P2 : COPY OF WRITTEN STATEMENT SUBMITTED IN THE ORIGINAL APPLICATION No.1117/1999 ON THE FILES OF DEBT RECOVERY TRIBUNAL, ERNAKULAM. EXT. P3 : COPY OF DEPOSITION TENDERED BY PARAMASIVAM ON BEHALF OF R1. EXT. P4 : COPY OF APPLICATION SEEKING PRODUCTION OF DOCUMENTS FILED BY R1 AS I.A.No.1146/08. EXT. P5 : COPY OF ADDITIONAL PROOF AFFIDAVIT IS ALSO FILED ON 1.8.08 BY AN ADDITIONAL WITNESS BY NAME SYAMALA. EXT. P6 : COPY OF APPLICATION AS I.A.No.1145/08 SEEKING TO PRODUCE ADDITIONAL DOCUMENTS. EXT. P7 : COPY OF ORDER DTD. 22.7.08 IN IA.A.1145/08. EXT. P8 : COPY OF ORDER IN I.A.1146/08. EXT. P9 : COPY OF COUNTER PROOF AFFIDAVIT. EXT. P10 : COPY OF APPLICATION SEEKING PERMISSION TO CROSS EXAMINE THE WITNESS WHO HAS SWORN TO EXT.P5. RESPONDENT'S EXHIBITS: EXT. R1(a) : COUNTER PROOF AFFIDAVIT FILED BY PETITIONER HEREIN IN O.A.1117/99 DTD. 25.11.09. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J ------------------------------------ W.P.(C)No.5368 OF 2010 ----------------------------------- DATED THIS THE 20TH DAY OF OCTOBER , 2011 J U D G M E N T This Writ Petition is filed by the petitioner aggrieved by the non-consideration of Exhibit P10, a petition filed in O.A.No.1117/1999. 2. The petitioner is the 2nd defendant in O.A.No.1171/99 before the Debt Recovery Tribunal (Kerala and Lakshadweep), Ernkaulam. 3. I am not going into the merits of the whole disputes between the parties, since this is a matter wherein by Exhibit P10, the petitioner sought indulgence of the Tribunal to direct the witness of the first applicant to be present for cross- examination on the additional proof affidavit dated 1st August, 2008. It is pointed out in the Writ Petition that the examination of witnesses was over on 9.4.2008, after which the same was filed. 4. It is averred in the Writ Petition further that thereafter the 1st respondent sought permission to produce WPC.5368/10 : 2 : some additional documents by filing I.A.No.1146/2008. An additional proof affidavit was also filed on 1.8.2008 by an additional witness by name Syamala(Exhibit P5). The 2nd respondent also filed I.A.No.1145/2008 seeking to produce additional documents (Exhibit P6). The petitioner contends that even though the petitioner raised objections against the same, I.A.No. 1415/2008 was allowed by order dated 22.7.2008(Exhibit P7). I.A.No.1146/08 was also allowed as per Exhibit P8. 5. The petitioners thereafter filed a counter proof affidavit and an application seeking permission to cross- examine witness as per Exhibits P9 and P10, which were not considered. This is the sum and substance of the case pleaded by the petitioner. 6. Respondents have filed counter affidavits in the matter. I am not going into the question whether Exhibit P10 could be allowed or not, since the I.As. produced as Exhibits P9 and P10 are yet to be disposed of by the Debt Recovery Tribunal. While admitting the Writ Petition, this Court passed WPC.5368/10 : 3 : an interim order staying further proceedings in the matter. The learned counsel appearing for the 2nd respondent also submitted that no orders have been passed on Exhibit P10. Therefore, it is only proper that the Tribunal passes appropriate orders on Exhibit P10 after hearing all the parties. 7. Therefore, the Writ Petition is disposed of with a direction to the Tribunal to take a decision on Exhibit P10 as expeditiously as possible, at any rate within a period of three months from the date of production of a copy of this judgment. Since the O.A. itself is of the year 1999, the same also will be disposed of expeditiously. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn