IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
OP (DRT) NO. 42 OF 2022
AGAINST THE PROCEEDINGS IN SA 58/2020 OF DEBT RECOVERY TRIBUNAL-
II, ERNAKULAM
PETITIONERS/APPLICANTS:
1 M/S.NACHSH TRADING COMPANY
REPRESENTED BY ITS PARTNER SUFFERULLAH E, AGED 58, S/O.
ELLYASU KUNJU, 27/1026, G-289, FIRST FLOOR, MAIN
AVENUE, PANAMPILLY NAGAR ERNAKULAM 682 036
2 SUFFERULLAH E, AGED 58 YEARS
S/O. ELLYASU KUNJU, KAVARATHU MADOM,. PULIYOOR VANCHI
NORTH, KARUNAGAPPALLY, SRP MARKET P.O, KOLLAM 690 539
3 SHEEBA SAFEERULLAH, AGED 49 YEARS
W/O. SAFFERULLAH, KAVARATHU MADOM,.
PULIYOOR VANCHI NORTH, KARUNAGAPPALLY, SRP MARKET P.O,
KOLLAM 690 539
4 NAZARUDEEN B, AGED 66 YEARS
S/O. M.S BADARUDEEN, SHAMNAD MANZIL, PADA NORTH,
KARUNAGAPPALLY, KOLLAM 690 518
5 RAHIYANATH, AGED 60 YEARS
W/O. NAZARUDEEN, SHAMNAD MANZIL, PADA NORTH,
KARUNAGAPPALLY, KJOLLAM 690 518
BY ADVS.
V.K.PEERMOHAMED KHAN
GIRISH KUMAR V.C
RESPONDENTS/DEFENDANTS:
1 FEDERAL BANK LTD
REPRESENTED BY ITS BRANCH MANAGER,
KOLLAM BRANCH, KOLLAM 691 001
2 THE AUTHORISED OFFICER
FEDERAL BANK, LCRD/MAVELIKKARA DIVISION, 1ST FLOOR,
PADINJARETHALACKAL, CHERIAN CHAMBERS, PUTHIYAKAVU,
MAVELIKKARA 690 101, ALEPPEY
3 ADDL. R.3 P.SATHEEESH KUMAR
PADMALAYAM,SRP(M) P.O,THAZHAVA,
KARUNAGAPPALLY,KOLLAM-690544
4 AJITHA SATHEESH KUMAR
PADMALAYAM,SRP(M) P.O,THAZHAVA,
KARUNAGAPPALLY, KOLLAM 690 544
OP (DRT) NO. 42 OF 2022 2
5 SHRUTHY SATHEESH
PADMALAYAM,SRP(M) P.O,THAZHAVA,
KARUNAGAPPALLY,KOLLAM-690544
6 ADARSH SATHEESH
PADMALAYAM,SRP (M) P O,THAZHAVA,KARUNAGAPPALLY,KOLLAM-
690544
(THE ABOVE AUCTION PURCHASERS HAVE BEEN IMPLEADED AS
ADDITIONAL RESPONDENTS 3 TO 6 AS PER THE ORDER DATED
04/03/2022 IN I A NO.2/2022 IN OP(DRT)42/2022
BY ADVS.
SUNIL SHANKER
VIDYA GANGADHARAN
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 42 OF 2022 3
JUDGMENT
When this matter is taken up for consideration today, learned counsel appearing for the petitioners submits that the petitioners have already approached the Debts Recovery Tribunal against the proceedings initiated by the respondent bank and this writ petition may be closed, reserving the liberty of the petitioners to pursue the their grievances before the Debts Recovery Tribunal.
Accordingly, the OP(DRT) is closed, reserving liberty as aforesaid.
sd/-
GOPINATH P.
JUDGE ajt OP (DRT) NO. 42 OF 2022 4 APPENDIX OF OP (DRT) 42/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SECURITIZATION FILED BY THE PETITIONERS AS SA NO. 58/2020 BEFORE THE DEBT RECOVERY TRIBUNAL II, ERNAKULAM Exhibit P2 TRUE COPY OF THE PETITION FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM IN MC NO. 148/2021 Exhibit P3 TRUE COPY OF THE ORDER IN MC NO. 148/2021 OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM Exhibit P4 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK Exhibit P5 TRUE COPY OF THE AMENDMENT PETITION WITHOUT ANNEXURES IN IA NO 37/2022 IN SA NO. 58/2020