Petitioner sought stay on bank notice pending appeal before DRAT. Court closed writ as infructous after DRAT passed interim order. Disposed pending appeal before DRAT. Court closed writ as infructous after DRAT passed interim order. Dismissed as infructous after DRAT passed interim order. Dismissed as infructous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 16TH DAY OF JUNE 2023 / 26TH JYAISHTA, 1945
WP(C) NO. 13889 OF 2023
AGAINST THE ORDER/JUDGMENTSA 299/2022 OF DEBT RECOVERY TRIBUNAL2, ERNAKULAM
PETITIONER/S:
1KIRAN JOSE
AGED 45 YEARS
S/O. DEVASIA JOSEPH, KALAYATHINKAL KUZHIYIL HOUSE,
POOVARANY P.O., KOTTAYAM, KERALA, PIN - 686577
2ROSAMMA JOSEPH
AGED 72 YEARS
W/O. DEVASIA JOSEPH, KALAYATHINKAL KUZHIYIL HOUSE,
POOVARANY P.O., KOTTAYAM, KERALA, PIN - 686577
3JOSEY KIRAN
AGED 39 YEARS
W/O. KIRAN JOSE, KALAYATHINKAL KUZHIYIL HOUSE,
POOVARANY P.O., KOTTAYAM, KERALA, PIN - 686577
BY ADVS.
BABY THOMAS
GEORGE T.J
INDRAJITH S KAIMAL
ALBERTHOVE FRANCIS.M.G.
ALICIA JOSE
MARIAMMA JOSEPH
RESPONDENT/S:
1THE SOUTH INDIAN BANK LTD, REP. BY ITS BRANCH MANAGER
AKALAKUNNAM BRANCH, KANJIRAMATTOM P.O., KOTTAYAM, PIN -
686585
22. THE AUTHORIZED OFFICER
THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE, FIRST
FLOOR, REGENCY SQUARE,COLLECTORATE P.O., KOTTAYAM, PIN
- 686577
BY ADVS.
SRI.SUNIL SHANKAR, SC, INDIAN OVERSEAS BANK
Sunil Shankar A
VIDYA GANGADHARAN(K/000424/2020)
SANDHRA.S(K/001610/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No. 13889 of 2023
2
C.S.DIAS, J.
-------------------------
W.P.(C.) No. 13889 of 2023
-------------------------
Dated this the 16th day of June, 2023
JUDGMENT
The writ petition is filed to direct the respondents not to implement Ext.P1 notice till the waiver petition filed by the petitioner in Ext.P4 appeal is considered by the Debts Recovery Appellate Tribunal, Chennai.
Today when the writ petition was taken for consideration, Sri. Sunil Shankar the learned counsel appearing for the 1st respondent bank, on instructions, submitted that consequent to the interim order passed by this Court, the Debts and Recovery Appellate Tribunal has considered and passed orders in IA No.124/2023 on 12.06.2023.
WPC No. 13889 of 2023
3
In the light of the above submission, I am of the
view that nothing survives in the writ petition.
Resultantly, the writ petition is closed as infructous.
Sd/-
C.S. DIAS
JUDGE
SM
WPC No. 13889 of 2023
4
APPENDIX OF WP(C) 13889/2023
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE ADVOCATE COMMISSIONER'S
NOTICE DATED 01.09.2022
Exhibit P2A TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE
COURT DATED 10.11.2022 IN OP(DRT) NO.
442/2022
Exhibit P3A TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE
COURT DATED 05.01.2023 IN OP(DRT) NO.
488/2022
Exhibit P4A COPY OF THE CASE STATUS OF THE APPEAL
BEARING ID NO.2/2023 BEFORE DRAT CHENNAI
Exhibit P5A TRUE COPY OF THE JUDGEMENT DATED 21/03/2023
IN WPC NO. 2192/2023
Exhibit P6A TRUE COPY OF THE DOWNLOADED PROCEEDINGS
FORWARDED BY THE PETITIONER'S COUNSEL AT
CHENNAI
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
KIRAN JOSE AND OTHERS
THE SOUTH INDIAN BANK LTD
C.S. DIAS
As recorded by the court registry
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