T.Beena vs R.Dhanalakshmy
2021 Latest Caselaw 18726 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                           OP (DRT) NO. 46 OF 2021
ARISING FROM I.A.NO.653/2021 IN I.A.NO.260/2021 IN TA 1412/2016
           OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM, ERNAKULAM


PETITIONER/3RD PARTY:

              T.BEENA, AGED 58 YEARS
              D/O. LATE TIRUVENKITAM, EARTH SANSKRITI GARDEN,
              PERANDOOR ROAD, ELAMAKKARA, ERNAKULAM, KOCHI -
              682026.
              BY ADV T.K.VIPINDAS


RESPONDENTS/PETITIONERS/RESPONDENTS:

       1      R.DHANALAKSHMY
              PROPRIETRIX, SEEMATTI, MAIN ROAD, KOLLAM.
       2      R. VEERESH KUMAR
              SEEMATTI, MAIN ROAD, KOLLAM.
       3      R. ANANTHAKUMAR
              S/O.V. RAMACHANDRA REDDIAR, SEEMATTI, KOLLAM,
       4      UNION BANK OF INDIA
              BEACH ROAD, KOLLAM BRANCH, KOLLAM DISTRICT, PIN -
              691001, REPRESENTED BY THE BRANCH MANAGER.
       5      THE SOUTH INDIAN BANK,
              KOTTAYAM BRANCH, KOTTAYAM, PIN - 686001.
              BY ADVS.SRI.SUNIL SHANKER
              SMT.K.ARUNDHATHI
              ADV.A.S.P.KURUP, SC



THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON    09.09.2021,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(DRT) No.46 of 2021
                                           2



                              BECHU KURIAN THOMAS, J
                             ========================
                                O.P.(DRT) No.46 of 2021
                              ----------------------------------
                      Dated this the 9th day of September, 2021

                                     JUDGMENT

The original petition was necessitated on account of the post

of the Presiding Officer, DRT-II, Ernakulam falling vacant.

However, it is submitted that the charge of DRT-II has now

been handed over to DRT-I, Ernakulam.

2. Recording the above submission, liberty is granted to the

parties to obtain appropriate orders from the Tribunal in

charge. The interim order granted by this Court on

16.04.2021 shall continue till 29.09.2021, which is the next

date of posting before the Tribunal.

The original petition is closed with the aforesaid observations.

Sd/-

BECHU KURIAN THOMAS, JUDGE AMV/10/09//2021 O.P.(DRT) No.46 of 2021

APPENDIX OF OP (DRT) 46/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER DATED 24.03.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE ORDER IN I.A. NO.260 OF 2021 IN T.A 1412 OF 2016 DATED 5.3.2021 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL ERNAKULAM.

EXHIBIT P3 TRUE COPY OF THE CREDIT FACILITY AGREEMENT DATED 27.04.2018 EXECUTED BETWEEN RESPONDENTS 3 AND 4.

EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF CHARGE/LIEN OVER DEPOSITS WHERE DEPOSIT IS COLLATERAL ALLEGEDLY EXECUTED BY LATE THIRUVENKITAM DATED 27.04.2018 IN FAVOUR OF 5TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE BANK GUARANTEE EXECUTED BETWEEN RESPONDENTS 3 AND 4 DATED 27.04.2018.

EXHIBIT P6 TRUE COPY OF THE CLAIM PETITION AS I.A NO. 653/2021 BEFORE THE DRT -II, ERNAKULAM.

EXHIBIT P7 TRUE COPY OF THE URGENT PETITION AS I.A NO. 654/2021 BEFORE THE DRT -II, ERNAKULAM.

EXHIBIT P8 TRUE COPY OF THE STAY PETITION AS I.A NO.

656/2021 BEFORE THE DRT -II, ERNAKULAM. EXHIBIT P9 TRUE COPY OF THE PETITION TO RECALL THE ORDER DATED 5.3.2021 IN I.A NO. 260/2021 IN T.A NO. 1412 OF 2016 AS I.A.NO. 657/2021 BEFORE THE DRT-II, ERNAKULAM. EXHIBIT P10 TRUE COPY OF THE PETITION TO ADVANCE HEARING AS I.A NO. 655/2021 BEFORE THE DRT-II, ERNAKULAM.

RESPONDENTS EXHIBITS

EXT.R5(a) TRUE COPY OF THE INVOCATION LETTER.

TRUE COPY P.A.TO JUDGE