Held that as regular sittings have now commenced at the Debts Recovery Tribunal, the petition alleging their absence without regular sittings is closed, leaving it to the petitioner to approach the Tribunal for relief.
Closed. Petitioner directed to approach the Debts Recovery Tribunal for relief.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
OP (DRT) NO. 60 OF 2022
PETITIONER/S:
SEMIN SUBASH
AGED 42 YEARS
S/O.SUBASH, PROPRIETOR, VISHNUMAYA ENTERPRISES, SS
BHAVAN, ELAKAMON P.O., AYIROOR, VARKALA,
THIRUVANANTHAPURAM, PIN - 695 310.
BY ADV M.R.SARIN
RESPONDENT/S:
THE SOUTH INDIAN BANK LTD.
REGIONAL OFFICE, 3RD FLOOR, YWCA BUILDING, SPENCER
JUNCTION, MG ROAD, THIRUVANANTHAPURAM, PIN - 695 001,
REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED
OFFICER.
BY ADVS.
SUNIL SHANKER
KEVIN VARGHESE JACOB
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 60 OF 2022 2
JUDGMENT
Petitioner has approached this Court filing an OP(DRT) on the premise that there is no regular sitting at the Debts Recovery Tribunal, Ernakulam. It is now reported that the Debts Recovery Tribunal has commenced regular sitting. Leaving it open to the petitioner to approach the Debts Recovery Tribunal for appropriate relief, this O.P.(DRT) is closed.
sd/-
GOPINATH P.
JUDGE
ajt
OP (DRT) NO. 60 OF 2022 3
APPENDIX OF OP (DRT) 60/2022
PETITIONER EXHIBITS |
|||
|---|---|---|---|
Exhibit P1 |
TRUE COPYSECTION 114/02/202 |
OF THE3(2) OF0. |
DEMAND NOTICE ISSUED UNDERTHE SARFAESI ACT, DATED |
Exhibit P2 |
TRUE COPYTHE DEFENSARFAESI |
OF THEDANT UNDACT, DAT |
POSSESSION NOTICE ISSUED BYER SECTION 13(4) OF THEED 8/9/2020. |
Exhibit P3 |
TRUE COPYTHE DEFENSARFAESI |
OF THEDANT UNDACT, DAT |
POSSESSION NOTICE ISSUED BYER SECTION 13(4) OF THEED 08/09/2020. |
Exhibit P4 |
TRUE COPYTHE FILECOURT, TH |
OF MEMOOF THE CIRUVANAN |
RANDUM OF M.C.NO.92/2021 ONHIEF JUDICIAL MAGISTRATETHAPURAM DATED 4/01/2021. |
Exhibit P5 |
TRUE COPYTHE FILETHIRUVANA |
OF THEOF THE CNTHAPURA |
ORDER IN M.C NO.92/2021 ONJM COURT,M, DATED 25/02/2021. |
Exhibit P6 |
TRUE COPYADVOCATE |
OF THECOMMISSI |
NOTICE ISSUED BY THEONER, DATED 25/2/2021. |
Exhibit P7 |
TRUE COPYPRODUCEDTHE LOANCJM COURT |
OF THEBY THE DACCOUNT, DATED |
STATEMENT OF ACCOUNTSEFENDANT IN CONNECTION WITHOF THE APPLICANT BEFORE THE2/01/2021. |
Exhibit P8 |
TRUE COPYON THE FIERNAKULAM |
OF THELE OF THWITHOUT |
UNNUMBERED MEMORANDUM OF SAE DEBTS RECOVERY TRIBUNAL-2,EXHIBITS, DATED 21/01/2022. |
Exhibit P9 |
TRUE COPYBEFORE THERNAKULAM |
OF THEE DEBTS, DATED |
IA IN UNNUMBERED SA PENDINGRECOVERY TRIBUNAL-2,21/01/2022. |
1 issue framed by the court
Whether a petition can be allowed in the absence of regular sittings at the Debts Recovery Tribunal.
1 provisions across 1 enactments
Semin Subash
The South Indian Bank Ltd.
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court