This application challenged an order in a recovery proceeding. The High Court held that no substantive issue remained for consideration as interim relief was already obtained, and the original petition was closed.
No
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944
OP (DRT) NO. 153 OF 2022
SA 311/2021 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/APPLICANT:
ASHARAF K.K,
AGED 47 YEARS, S/O. ABOOBACKER SIDDIQUE,
KARUMAN KUZHIYIL (H), THEKKUMMURI, PATTAMBI, PALAKKAD,
MANAGING PARTNER,
M/S. JAN AUSHADHI MEDICAL STORE, 14/466,
OPP. GOVERNMENT HOSPITAL, CHELAKKARA,
THRISSUR 682 586.
BY ADV L.RAJESH NARAYAN
RESPONDENTS/DEFENDANTS:
1CHIEF MANAGER/AUTHORISED OFFICER,
BANK OF BARODA, THIRUVAMBADY DEVASWOM BRANCH, P.B.
NO.124, THIRUVAMBADY DEVASWOM BUILDING, ROUND WEST,
THRISSUR 680 001.
2BRANCH MANAGER,
BANK OF BARODA, THIRUVAMBADY DEVASWOM BRANCH, P.B. NO.
124, THIRUVAMBADY DEVASWOM BUILDING, ROUND WEST,
THRISSUR 680 001.
BY ADVS.
NAGARAJ NARAYANAN
SAIJO HASSAN
BENOJ C AUGUSTIN
RAFEEK. V.K.
J.KASTHURI
U.M.HASSAN
P.PARVATHY
ABHIRAMI DINESH
RENJINI M. RENJITH
K.N.MUHAMMED THANVEER
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 11.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(DRT) No.153/2022
-:2:-
J U D G M E N T
Since it is reported that the petitioner has already obtained necessary interim reliefs from the Debts Recovery Tribunal, nothing survives for consideration of the original petition. This original petition is closed, leaving open all the contentions of the petitioner to be agitate before the Tribunal.
Sd/-
GOPINATH P. JUDGE
ats
O.P.(DRT) No.153/2022
-:3:-
APPENDIX OF OP (DRT) 153/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE DEMAND NOTICE DATED 28.7.2021
ISSUED UNDER THE SECTION 13(2) OF THE SARFAESI
ACT BY THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE REPLY TO S.13(2) NOTICE .Exhibit P3TRUE COPY OF THE REPLY DATED 13.8.2021 GIVEN BY
THE RESPONDENT BANK.
Exhibit P4 TRUE COPY OF THE NOTICE DATED 4.10.2021.Exhibit P5TRUE COPY OF THE NOTICE DATED 3.2.2022 ISSUED
BY ADVOCATE COMMISSIONER.
Exhibit P6TRUE COPY OF SA NO. 311/2021 DATED 11.11.2021
BEFORE THE HON'BLE DRT 2 ERNAKULAM.
Exhibit P7TRUE COPY OF THE STAY PETITION IN SA NO.
311/2021 DATED 11.11.2021 BEFORE THE DRT 2,
ERNAKULAM.
Asharaf K.K
Bank of Baroda, Thiruvambady Devaswom Branch
Gopinath P.
As recorded by the court registry
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