The Debts Recovery Appellate Tribunal dismissed a transfer appeal as infructuous because the underlying single application was disposed of by the relevant Debt Recovery Tribunal before the appeal could be decided.
The appeal was dismissed as infructuous due to the disposal of the transferred single application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 6th of November, 2024
PRESENT: Hon’ble Mr. Justice G. Chandrasekharan CHAIRPERSON
M.A.(S.A):30/2022 (Transfer Appeal)
(SA 372/2018 on the file of DRT- II, Ernakulam)
BETWEEN
D.No.PP/VI, 656, Manjeri Road,
Pandikkad, Malappuram – 676 521,
Represented by its Managing Partner Mr. O.K.Roy.
S/o.Olari Kochuvareed Kochuvarunni,
No.4/562, Thekkekara,
Perinthalmanna,
Manappuram – 679 322.
S/o.Olari Kochuvareed Kochuvarunni,
Residing at 4/43, Thekkara Olari,
Ollur, Thrissur – 680 306.
Residing at No.4/562, Thekkekkara, Perinthalmanna,
Malappuram – 679 322.
Ollur, Thrissur – 680 306.
1
….Appellants
AND 1. M/s. Kotak Mahindra Bank Limited, Regd. Office: 27 BKC, C27, G.Block, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051, Represented by Managing Director.
…..Respondents Counsel for Appellants : Mr. Adharsh Mohan Das for Mr. CS Ullas Counsel for Respondents : Mr. Roshan for M/s. Ananda Gomathy
2
ORDER
This Transfer Appeal is filed seeking transfer of SA
372/2018 pending on the file of DRT-II at Ernakulam to DRT-I, at Ernakulam.
When the matter is taken up, it is informed by Learned Counsel Mr. Adharsh Mohan Das representing M/s. CS Ullas for Appellants that the aforesaid SA is disposed of by DRT-II, Ernakulam on 25.10.2024.
In view of the disposal of SA 372/2018, nothing
survives in this Appeal, therefore, this Appeal is dismissed as infructuous .
[Dictated to Athistamani, PS, in open court, transcribed by her, corrected and signed by me this 6th of November, 2024]
[ Justice G. Chandrasekharan] CHAIRPERSON
3
1 issue framed by the court
Whether the transfer appeal survives given the disposal of the transferred single application by the originating DRT
M/s. Kerala Fashion Jewellery, O.K.Roy, O.K.Joju, Sheeja Roy, O.K.Biju, Sindrella Joju, Mini Biju, Kochu Thressia
M/s. Kotak Mahindra Bank Limited, The Authorised Officer, M/s. Kotak Mahindra Bank Limited
G. Chandrasekharan
As recorded by the court registry
22 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
