IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
OP (DRT) NO. 92 OF 2022
SA 189/2021 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/ APPLICANT :
ABHAY P.KUMAR,
AGED 30 YEARS,
S/O.PADMAKUMAR, PROP. M/S. AJMER ART & STONE, 10/223,
NIRMALYAM, AZHINHILAM P.O., FAROOQ COLLEGE (VIA),
MALAPPURAM DISTRICT,
PIN - 673 632.
BY ADV SAJEEVAN KURUKKUTTIYULLATHIL
RESPONDENT/ RESPONDENT :
1 THE AUTHORIZED OFFICER, INDIAN BANK,
ZONAL OFFICE, LIC BUILDING, GROUND SM ST.,
KOZHIKODE DISTRICT, KERALA, PIN - 673 001.
2 THE BRANCH MANAGER, INDIAN BANK,
KALLAI ROAD, BRANCH, RAHMAT MAHAL,
PALAYAM, KALLAI ROAD, KOZHIKODE DISTRICT,
KERALA, PIN - 673 002.
BY SRI.S.EASWARAN, SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 92 OF 2022
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BECHU KURIAN THOMAS, J.
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O.P (DRT) No.92 of 2022
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Dated this the 20th day of May, 2022
JUDGMENT
This original petition was filed seeking the following reliefs :-
i. Issue a direction to the respondent bank to stop SARFAESI proceedings till Ext.P3 petition for revival and extension is considered by DRT-I, Ernakulam.
ii. Issue an order of revival and extension of time for a period of two months from 14.01.2022, i.e.from the date of filing IA.No.94/2022 in SA.No.189/2021 before the DRT-I, Ernakulam for revival and extension of time.
2. At the time when the original petition came up for admission, this Court had by order dated 15.02.2022 directed the petitioner to deposit an amount of Rs.10,00,000/- as a condition for deferring all proceedings for sale of the property. Subsequently, by order dated 25.02.2022, on an application filed at the instance of the respondent bank, this Court permitted the bank to proceed with the sale if the petitioner fails to comply with the deposit stipulated in the order dated 15.02.2022.
OP (DRT) NO. 92 OF 2022 3
3. The learned Standing Counsel for the respondents submitted that petitioner failed to comply with the condition of deposit stipulated in the order dated 15.02.2022 and therefore the bank proceeded with the sale of the property and the sale that took place has even been confirmed. It is also pointed out that the interim application in SA.No.189/2021 was taken up by the Tribunal and was dismissed on 21.04.2022.
In view of the above dismissal, the reliefs claimed for, in this original petition has become infructuous. Accordingly, this original petition is dismissed as infructuous.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM