Siva Kumar C.M vs Axis Bank Limited
2021 Latest Caselaw 20932 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       OP (DRT) NO. 131 OF 2021
PETITIONERS:


    1     SIVA KUMAR C.M.,
          AGED 58 YEARS
          S/O.MADHAVAN NAIR, EASWARA VILASAM, KIZHAKKEKARA,
          KOTTARAKKARA P.O., KOLLAM DISTRICT, PIN-691 506,
          REPRESENTED BY THE POWER OF ATTORNEY HOLDER GOAPAKUMAR
          B.NAIR, S/O.THE LATE BALAKRISHNAN NAIR, 5A-SKYLINE
          PLAZA APARTMENT, SASTHAMANGALAM P.O.,
          THIRUVANANTHAPURAM, PIN-696 010.

    2     ANITHA SIVAKUMAR,
          AGED 57 YEARS
          W/O.SIVAKUMAR.C.M., EASWARA VILASAM, KIZHAKKEKARA,
          KOTTARAKKARA P.O., KOLLAM DISTRICT, PIN-691 506,
          REPRESENTED BY THE POWER OF ATTORNEY HOLDER GOAPAKUMAR
          B.NAIR, S/O.THE LATE BALAKRISHNAN NAIR, 5A-SKYLINE
          PLAZA APARTMENT, SASTHAMANGALAM P.O.,
          THIRUVANANTHAPURAM, PIN-696 010.

          BY ADVS.
          C.S.MANU
          C.A.ANUPAMAN
          T.B.SIVAPRASAD
          C.Y.VIJAY KUMAR
          MANJU E.R.
          ANANDHU SATHEESH
          ALINT JOSEPH
          PAUL JOSE
          MIDHUN M.SURESH
RESPONDENTS:


    1     AXIS BANK LIMITED,
          RETAIL ASSETS CENTRE, 2ND FLOOR, NIHAL COMPLEX, KARAMANA
          MAIN ROAD, THIRUVANANTHAPURAM, PIN-695 002, REPRESENTED
          BY ITS MANAGER.

    2     THE AUTHORIZED OFFICER,
          AXIS BANK LIMITED, RETAIL ASSETS CENTRE, 5TH FL;OOR,
          CHICAGO PLAZA, RAJAJI ROAD, ERNAKULAM, PIN-682 035.

    3     DEBTS RECOVERY TRIBUNAL II,
 OP (DRT) NO. 131 OF 2021

                                  2


               5TH FLOOR, KERALA STATE HOUSING BOARD BUILDING,
               PANAMPILLY NAGAR, ERNAKULAM, PIN-682 036.
              BY ADV P.PAULOCHAN ANTONY


       THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 OP (DRT) NO. 131 OF 2021

                                         3




                       BECHU KURIAN THOMAS, J
                   ................................................
                         O.P.(DRT)No.131 of 2021
                     ...........................................
                   Dated this the 6TH day of October, 2021


                                    JUDGMENT

Adv. Paulochan Antony appearing

for the respondents submitted that the

sale scheduled as per Ext.P1 did not

take place due to absence of bidders.

The aforesaid submission is

recorded and accordingly this writ

petition is dismissed as infructuous.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM OP (DRT) NO. 131 OF 2021

APPENDIX OF OP (DRT) 131/2021

PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 03.09.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

Exhibit P2 TRUE COPY OF THE SA DATED 19.09.2021 SUBMITTED BY THE PETITIONERS TO THE DEBTS RECOVERY TRIBUNAL II, ERNAKULAM ALONG WITH ANNEXURES.

Exhibit P3 TRUE COPY OF THE APPLICATION FOR STAY DATED 19.09.2021 SUBMITTED BY THE PETITIONERS ALONG WITH THE S.A TO THE DEBTS RECOVERY TRIBUNAL II, ERNAKULAM.

RESPONDENT'S EXHIBITS : NIL

AJM //TRUE COPY// PA TO JUDGE