Petitioner, a successful auction bidder before the Debt Recovery Tribunal, sought refund of amounts deposited pursuant to a prior judgment of the court. The Deputy Solicitor General submitted that the entire amount had been refunded and nothing survived for consideration.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945
OP (DRT) NO. 4 OF 2017
AGAINST THE ORDER/JUDGMENT OTHERS 30/2011 OF DEBT RECOVERY
TRIBUNAL, ERNAKULAM
PETITIONER/S:
SHAHAS P. SHAHUL AGED 40 YEARS, S/O.P.M.SHAHUL HAMEED, PARAPPALLIL HOUSE, KURUVAMOOZHY P.O., KORATTY, ERUMELY, KANJIRAPALLY, KOTTAYAM DISTRICT BY ADVS. SRI.SAJI MATHEW SMT.NEETHU REGHUKUMAR
RESPONDENT/S:
1 DEBT RECOVERY TRIBUNAL-II ERNAKULAM, REPRESENTED BY ITS REGISTRAR, PIN-682036 2 DEBT RECOVERY OFFICER DEBT RECOVERY TRIBUNAL-II,PIN-682036
3 SOUTH INDIAN BANK LTD. HAVING ITS REGISTERED OFFICE AT THRISSUR AND BRANCH AMONG OTHER PLACES AT CHALAI, THIRUVANANTHAPURAM. 4 K.KRISHNA KUMAR S/O.KUMARESAN, PROPRIETOR, M/S.KRISHNA ENTERPRISES, CHOORAKKATTUPALAYAM, T.C.38/525, CHENTHITTA, THIRUVANANTHAPURAM 5 A.KUMARESAN S/O. APPAVU PILLAI,CHOORAKKATTUPALAYAM, T.C.38/525, CHENTHITTA, THIRUVANANTHAPURAM BY ADVS. SIJO GEORGE - R2 SRI. MOHAN JACOB GEORGE -R4 AND R5 OTHER PRESENT: SRI. S MANU (DSGI)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) No.4/2017
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J U D G M E N T
The petitioner was the successful bidder in an auction conducted by the Debts Recovery Tribunal to recover the amounts due from respondents 4 and 5. Through judgment dated 09-09-2016 in OP (DRT) No.48/2014 this court permitted respondents 4 and 5 to settle the liability in the manner indicated in that judgment. The respondents 4 and 5 accordingly deposited the entire amount.
Sd/- GOPINATH P. JUDGE
AMG
OP (DRT) No.4/2017
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APPENDIX OF OP (DRT) 4/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT O.P.(DRT) 48/2014 DATED 9.9.2016 EXHIBIT P2 TRUE COPY OF THE INTERLOCUTORY APPLICATION DATED 25.11.2016 FILED BEFORE THE TRANSFER APPEAL NO.26/2016
Shahas P. Shahul
Debt Recovery Tribunal-II Ernakulam
Debt Recovery Officer, Debt Recovery Tribunal-II
South Indian Bank Ltd.
K. Krishna Kumar
A. Kumaresan
Gopinath P.
As recorded by the court registry
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