Dismissed

Omanakuttan.M.P v. the Authorized Officer and Chief Manager

Kerala HC2 Mar 2023WP(C)/2894/2023

Case brief

AI extract

What is this about?

Petitioner sought permission to withdraw a writ petition arguing concerning land sale notice by a bank with liberty to approach Debt Recovery Tribunal. This Court granted liberty and dismissed the petition as withdrawn.

What did the court decide?

Liberty granted to move Debt Recovery Tribunal within ten days; limitation period to be calculated excluding the stay period.

Omanakuttan.M.P Vs the Authorized Officer and Chief… — Banking and Recovery | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE T.R.RAVI

¶4

THURSDAY, THE 2^ND DAY OF MARCH 2023 / 11TH PHALGUNA, 1944

¶5

WP(C) NO. 2894 OF 2023

¶6

PETITIONER:

¶7

OMANAKUTTAN.M.P AGED 55 YEARS S/O. PALLIYAN, AGED 55 YEARS, MURALIPARAMBIL, VELLOOR KARA, KARIMUGAL, PROPRIETOR M/S. CENTRAL TEXTILE, SHOP NO. 12/170 ABCDC, 1ST FLOOR, ACHUTHAN NAIR MEMORIAL SHOPPING COMPLEX,KARIMUGAL JUNCTION, KARIMUGAL, ERNAKULAM DISTRICT-682 303

¶8

BY ADVS. PAUL K.VARGHESE A.A.GEETHA

¶9

RESPONDENTS:

¶10

1 THE AUTHORIZED OFFICER AND CHIEF MANAGER, UNION BANK OF INDIA, ASSET RECOVERY BRANCH, ERNAKULAM, 2ND FLOOR, UNION BANK BHAVAN, M.G. ROAD, ERNAKULAM, KERALA-682 035 2 UNION BANK OF INDIA PUTHENCRUZ BRANCH SAJEEV BUILDING, PUTHENCRUZ, ERNAKULAM-682 308 REPRESENTED BY ITS BRANCH MANAGER 3 SAJIMOL. A W/O. CHARLS S., BANGLAVIL HOUSE, MYTHRIPURAM ROAD, PADAMUGAL, THRIKKAKARA P.O., KANAYANNOOR,ERNAKULAM-682 021

¶11

BY ADVS. SHRI.A.S.P.KURUP, SC, UBI ASP.KURUP SADCHITH.P.KURUP(K/1419/2002) C.P.ANIL RAJ(K/872/2007) SIVA SURESH(K/2688/2022) RENI A. MATHEW(K/524/2022)

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C) NO. 2894 OF 2023

¶14

¶15

T.R.RAVI, J.

¶16

 WP (C) No.2894 of 2023

¶17

 Dated this the 02ndday of March, 2023

¶18

JUDGMENT

¶19

The petitioner seeks permission to withdraw the writ
petition with liberty to move the Debt Recovery Tribunal.

¶20

Liberty granted. The writ petition is dismissed as
withdrawn. The petitioner may move the Debt Recovery
Tribunal within ten days from today. The period of limitation
shall be calculated excluding the period during which the
case was pending before this Court.

¶21

Sd/-

¶22

T.R.RAVI

¶23

JUDGE

¶24

sn

¶25

WP(C) NO. 2894 OF 2023

¶26

¶27

APPENDIX OF WP(C) 2894/2023

¶28

PETITIONER'S EXHIBITS

¶29

EXHIBIT P1	TRUE COPY OF ORDER NO. LRB-7/1955/2022 OF THE LANDREVENUE COMMISSIONER DATED 09/01/2023
EXHIBIT P2	TRUE COPY OF NOTICE OF SALE ISSUED BY THE RESPONDENT BANK TO THE PETITIONER DATED 03/12/2022
EXHIBIT P3	TRUE COPY OF NOTICE GIVEN BY THE RESPONDENT BANK TO THE PETITIONER DATED 18/01/2023
EXHIBIT P4	TRUE COPY OF FAIR VALUE OF THE LAND FIXED BY THE REGISTRATION DEPARTMENT DATED NIL
RESPONDENT'S EXHIBITS
EXHIBIT R1 A	A TRUE COPY OF THE JUDGMENT DATED 11.10.2021 IN WPC 21733/2021 OF THIS HONOURABLE COURT
EXHIBIT R1 B	A TRUE COPY OF THE ORDER DATED 17.12.2021 IN IA1/2021 IN WPC 21733/2021 OF THIS HONOURABLE COURT
EXHIBIT R1 C	A TRUE COPY OF THE ORDER DATED 11.7.2022 IN RP NO. 43/2022 IN WPC NO. 21733/2021 OF THIS HONOURABLE COURT
EXHIBIT R1 D	A TRUE COPY OF THE SA NO 351/22 WITHOUT ANNEXURES DATED 18.7.2022
EXHIBIT R1 E	TRUE COPY OF THE PROCEEDINGS DATED 21.7.2022 AS OBTAINED FROM THE ONLINE PORTAL OF THE DRT IN SA 351/2022
EXHIBIT R1 F	A TRUE COPY OF THE PROCEEDINGS DATED 22.9.2022 OBTAINED FROM THE ONLINE PORTAL OF THE DRT IN SA NO 351/22
EXHIBIT R1G	A TRUE COPY OF THE SALE CERTIFICATE DATED 13.1.2023
	ISSUED IN THE NAME OF THE 3RD RESPONDENT

¶30

// TRUE COPY// PA TO JUDGE

Omanakuttan.M.P v. the Authorized Officer and Chief Manager

Case brief

What is this about?

What did the court decide?

Omanakuttan.M.P v. the Authorized Officer and Chief Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Johnson George, Vs the Coastal Urban Co-Operative Bank Limited

Moideen Koya Vs Authorized Officer Under Sarfaesi Act, Cholamandalam Investment and Finance Company

Baburajan A.C. Vs Secretaryt to Finance

K.C. George Vs Industrial Development Bank of India Ltd.

Carnival Soft Private Ltd. Vs Thrikakkara Municipality

Jalajakshy Vs the Kasaragod Co-Operative Town Bank Ltd. NO.970