The Kerala High Court dismissed an Original Petition filed by a borrower challenging bank recovery steps in an agricultural loan case. The petition was dismissed for non-prosecution due to the petitioner's absence on multiple hearing dates.
The Original Petition (DRT). No. 62 of 2014 is dismissed for non-prosecution.
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 HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 8TH DAY OF DECEMBER 2014/17TH AGRAHAYANA, 1936
OP (DRT).No. 62 of 2014 (O)
PETITIONER(S):
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JAYAN, S/O.SANKARAN MOOTHAN, KOOTHUPARAMBIL HOUSE, PALODE P.O., MANNARKKAD, PALAKKAD, PALAKKAD DISTRICT.
BY ADV. SRI.P.JAYARAM.
RESPONDENT(S):
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1. THE AUTHORISED OFFICER, THE FEDERAL BANK LTD , T.B JUNCTION, KALLADIKODE, PALAKKAD DISTRICT, PIN - 678 596.
2. THE MANAGER, THE FEDERAL BANK LTD , T.B JUNCTION, KALLADIKODE, PALAKKAD DISTRICT, PIN - 678 596.
R2 BY ADV. SRI.A.ANTONY R2 BY ADV. SMT.LEELAMMA ANTONY
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 08-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RVS.
OP (DRT).No. 62 of 2014 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :
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| EXHIBIT | P1 TRUE COPY OF THE ORDER DATED 18-12-2013 IN IA NO 3615 OF 2013 IN S.A NO.848 OF 2013,ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL ERNAKULAM. |
|---|---|
| EXHIBIT | P2 TRUE COPY OF THE COUNTER FOIL DATED 31-12-2013 SHOWING PAYMENT OF RS. 25,000/- TO THE RESPONDENT BANK. |
| EXHIBIT | P2(A) TRUE COPY OF THE COUNTER FOIL DATED 28-02-2014 SOWING PAYMENT OF RS.25,000/- TO THE RESPONDENT BANK. |
| EXHIBIT | P2(B) TRUE COPY OF THE COUNTER FOIL DATED 31-03-2014 SHOWING PAYMENT OF RS.25,000/- TO THE RESPONDENT BANK. |
| EXHIBIT | P2(C) TRUE COPY OF THE COUNTER FOPIL DATED 30-04-2014 SHOWING PAYMENT OF RS.20,000/- TO THE RESPONDENT BANK. |
| EXHIBIT | P2(D) TRUE COPY OF THE COUNTER FOIL DATED 30-05-2014 SHOWING PAYMENT OF RS.25,000/- TO THE RESPONDENT BANK. |
RESPONDENT(S)' EXHIBITS :
----------------------NIL.
/TRUE COPY/
P.A.TO JUDGE
RVS.
P.R. RAMACHANDRA MENON, J.
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O.P.(DRT). No. 62 of 2014
-------------------------------------------Dated this the 8th day of December, 2014
JUDGMENT
The petitioner has approached this Court challenging the steps taken by the Bank for recovery of the due amount in respect of an agricultural loan. The learned counsel for the Bank submits that, the petitioner had already approached the DRT, Ernakulam by filing S.A. no.848 of 2013, wherein Ext.P1 order came to be passed. The condition imposed by the Tribunal has not been fully satisfied and thereafter the petitioner approached this Court by filing this O.P(DRT), which according to the respondents is not maintainable under any circumstance.
The O.P(DRT) is dismissed for non prosecution.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
JAYAN
THE AUTHORISED OFFICER, THE FEDERAL BANK LTD
THE MANAGER, THE FEDERAL BANK LTD
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
