Suresh Kumar P.S vs Canara Bank

Citation : 2022 Latest Caselaw 5453 Ker
Judgement Date : 20 May, 2022

Kerala High Court
Suresh Kumar P.S vs Canara Bank on 20 May, 2022
              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. 263 OF 2022
     AGAINST THE ORDER/JUDGMENT IN ID 4543/2022 OF DEBT RECOVERY
                          TRIBUNAL, ERNAKULAM
PETITIONER/APPLICANT:

             SURESH KUMAR P.S
             AGED 47 YEARS
             PROPRITOR, M/S. SREEKUMARI AND SONS
             S/O. PRABHAKARAN NAIR,
             SREE SADANAM, ALAVIL P.O.,
             KANNUR DIST, PIN - 670008
             BY ADV C.K.SREEJITH


RESPONDENTS/RESPONDENTS:

       1     CANARA BANK
             PUTHIYATHERU
             BRANCH, KANNUR
             REP. BY ITS AUTHORIZED OFFICER., PIN - 670011
       2     SANITH V.T
             SOUPARNIKA, P.O. ALAVIL,
             KANNUR DIST, PIN - 670008



             SC.M.GOPIKRISHNAN NAMBIAR



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) 263/2022
                                           2



                           B ECHU KURIAN THOMAS, J
                       ..............................................
                          O.P.(DRT) No.263 of 2022
                          .....................................
                     Dated this the 20 th day of May, 2022

                                    JUDGMENT

Sri.M.Gopikrishnan Nambiar, appearing on behalf of the 1 st respondent submitted that the sale of the secured asset involved in this original petition had already taken place on 31.03.2022, which was even confirmed after receiving the entire auction purchase money.

2. It is noticed from the records that, though notice was issued by this Court on 04.05.2022, steps have not been taken by the petitioner, presumably because petitioner does not intend to pursue this original petition.

3. In view of the above, this original petition is dismissed reserving the liberty of the petitioner to pursue his statutory remedies, if any available.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/20/05//2022 OP (DRT) 263/2022 3 APPENDIX OF OP (DRT) 263/2022 PETITIONER EXHIBITS Exhibit1 THE TRUE COPY OF THE MEMORANDUM OF S.A.

(I.D NO. 4543/2022) WITH DOCUMENTS ON THE FILE OF DEBT RECOVERY TRIBUNAL NO.I, ERNAKULAM Exhibit P2 THE TRUE COPY OF THE STAY APPLICATION FILED ALONG WITH THE S.A RESPONDENTS EXHIBITS : NIL TRUE COPY