This single-paragraph order of the Debt Recovery Tribunal-II, Ernakulam, dismissed the petitioners' writ petition as infructuous, based on unarticulated grounds, without citing statutes or prior decisions.
Writ petition dismissed as infructuous.
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 T.R.RAVI
TUESDAY, THE 14TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944
OP (DRT) NO. 47 OF 2023
AGAINST THE ORDER/JUDGMENT IN SA 587/2022 OF DEBT RECOVERY
TRIBUNAL II, ERNAKULAM
PETITIONERS:
1 EMILY DASAN
AGED 61 YEARS W/O. LATE MICHAEL DASAN, MISHALS VILLA, PUTHIYATHURA POST, KARUMKULAM, NEYYATINKARA, THIRUVANANTHAPURAM, PIN - 680751
2 CHRISTOPHER M. DASAN AGED 31 YEARS S/O. LATE MICHAEL DASAN, MISHALS VILLA, PUTHIYATHURA POST, KARUMKULAM, NEYYATINKARA, THIRUVANANTHAPURAM, PIN - 680751
3 ALOSHIOUS M. DASAN AGED 28 YEARS S/O. LATE MICHAEL DASAN, MISHALS VILLA, PUTHIYATHURA POST, KARUMKULAM, NEYYATINKARA, THIRUVANANTHAPURAM, PIN - 680751
BY ADVS. SANTHEEP ANKARATH R.SUDHIR
RESPONDENTS/DEFENDANTS:
1 THE SOUTH INDIAN BANK LTD BELLADI BRANCH, KK2 304 K2, KARAMADAI PIRIVUNAL ROAD, BELLADI P.O., KARAMADAI- 641104, COIMBATORE, REPRESENTED BY ITS CHIEF MANAGER
2 MR VINIL JOHN S/O. INASU MANJILA JOHN, MANJILA HOUSE, NADATHARA POST, ERAVIMANGALAM, THRISSUR, PIN – 680751
OP (DRT) NO. 47 OF 2023 2
3 MRS MISHAL VINIL W/O. MR. VINIL JOHN, MANJILA HOUSE, NADATHARA POST, ERAVIMANGALAM, THRISSUR, PIN - 680751
BY ADV SUNIL SHANKER
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 14.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 47 OF 2023 3
T.R. RAVI, J.
O.P.(DRT).No.47 of 2023
Dated this the 14th day of February, 2023
JUDGMENT
Counsel for the petitioners submits that the matter has become
infructuous.
The writ petition is hence dismissed as infructuous.
Sd/-
T.R.RAVI JUDGE
LEK
OP (DRT) NO. 47 OF 2023 4
APPENDIX OF OP (DRT) 47/2023
PETITIONER EXHIBITS
EXHIBIT P 1 TRUE COPY OF MEMORANDUM OF SA NO. 587/2022 (WITHOUT ANNEXURES) ON THE FILE OF THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM. EXHIBIT P 2 TRUE COPY OF THE TENDER CUM AUCTION SALE NOTICE DATED 10.1.2023 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P 3 TRUE COPY OF THE PETITION FOR AMENDMENT OF SA NO. 587/2022 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM EXHIBIT P 4 TRUE COPY OF PETITION FOR STAY IN SA NO. 587/2022 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM. EXHIBIT P 5. TRUE COPY OF THE ANNEXURES AI TO ANNEXURE A VII IN THE SA NO.587/2022 FILED BEFORE THE DEBT RECOVERY TRIBUNAL-II, ERNAKULAM
1 issue framed by the court
Whether the writ petition challenging the Debt Recovery Tribunal order became infructuous.
EMILY DASAN
CHRISTOPHER M. DASAN
ALOSHIOUS M. DASAN
THE SOUTH INDIAN BANK LTD
MR VINIL JOHN
MRS MISHAL VINIL
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
