Full Judgment Text
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CASE NO.:
Appeal (civil) 1328 of 2008
PETITIONER:
K. KRISHNA KUMAR
RESPONDENT:
DEBTS RECOVERY TRIBUNAL, ERNAKULAM & ORS
DATE OF JUDGMENT: 15/02/2008
BENCH:
ALTAMAS KABIR & J.M. PANCHAL
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL No.1328 OF 2008
[Arising out of SLP(C)5783 of 2006]
Delay condoned.
Leave granted.
The appellant claims to be interested in the property which was the subject matter o
f the
proceedings before the Debt Recovery Tribunal, Ernakulam. Aggrieved by an
order passed by the Recovery Officer, the appellant filed an appeal, being No.2/2005, before
the said tribunal, which according to the appellant is the second appeal preferred on accoun
t
of the fact that the earlier appeal had not been registered. The said appeal was filed with
out
payment of the requisite court fees, and after considering the submissions regarding the
question as to whether such court fees were payable, the tribunal held that the said court f
ees
were payable and, accordingly, dismissed the appeal.
The appellant, thereafter, filed a writ petition before the Kerala High Court questi
oning the
order passed by the tribunal. The High Court without going into the question raised,
directed sale of the property at the earliest with observations that if the appellant had an
y
share in the property, he would be entitled to the same from the sale proceeds after such sa
le.
The said order has been challenged in this appeal, and it appears that by our order
dated
3/3/2006, we had recorded that the appellant was ready and willing to pay the court fees as
demanded by the Debts Recovery Tribnunal, and that the same would be deposited within
two weeks from the date of the order. Subsequently, on 24/03/2006 when the matter was
taken up, it was submitted that the entire court fees, as demanded had been deposited by the
appellant by cheque dated 20/03/2006, which fact is admitted by the bank.
In such circumstances, we are inclined to allow the appeal and besides setting aside
the
order passed by the High Court, we are also inclined to restore the appeal before the Debts
Recovery Tribunal.
Having regard to the above, we allow the appeal and set aside the order passed by th
e High
Court and further direct that Appeal No.2/2005 and any other connected appeal be restored
for determination on merits.
There will be no orders as to costs.