Radhakrishnan Ananthakrishnan vs Axis Bank Ltd
2022 Latest Caselaw 11271 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                       OP (DRT) NO. 450 OF 2022
         SA 110/2022 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER:

          RADHAKRISHNAN ANANTHAKRISHNAN
          AGED 64 YEARS, S/O P ANANTHAKRISHNAN,
          T.C. 48/37/2, R.K.HOUSE,
          ANANTHA KRISHNAN ROAD, PARAVANKUNNU,
          POONTHURA P.O, THIRUVANANTHAPURAM - 695 026.
          CURRENTLY RESIDING AT NEWZ OLD, 57 KB DARSAN ROAD,
          ALWARPET, CHENNAI, TAMIL NADU , PIN - 600 018.

          BY ADVS.
                    ARUN CHAND
                    BHARAT VIJAY P.
                    VINAYAK G MENON
                    THAREEQ ANVER K.
                    K.SALMA JENNATH
                    MAJID MUHAMMED K.
                    MINU VITTORRIA PAULSON



RESPONDENTS:

    1     AXIS BANK LTD.,
          HAVING REGISTERED OFFICER AT TRISHUL,
          OPPOSITE SAMARTHESWAR TEMPLE,
          NEAR LAW GARDEN, ELLISBRIDGE, AHMEDABAD,
          HAVING BRANCH OFFICE AT NIHAL COMPLEX,
          2ND FLOOR, KARAMANA MAIN ROAD, KARAMANA,
          THIRUVANANTHAPURAM, PIN - 695 002.
          REPRESENTED BY ITS AUTHORIZED OFFICER.

    2     THE AREA OPERATIONS MANAGER
          AXIS BANK LTD, NIHAL COMPLEX,
          2ND FLOOR, KARAMANA MAIN ROAD, KARAMANA,
          THIRUVANANTHAPURAM, PIN - 695 002.
 O.P.(DRT)No.450/2022                   2



      3       THE BRANCH MANAGER
              AXIS BANK LTD, NIHAL COMPLEX,
              2ND FLOOR, KARAMANA MAIN ROAD, KARAMANA,
              THIRUVANANTHAPURAM , PIN - 695 002.

      4       THE REGISTRAR
              DEBT RECOVERY TRIBUNAL-II, ERNAKULAM,
              1ST FLOOR, HOUSING BOARD BUILDING,
              PANAMPALLY NAGAR, ERNAKULAM , PIN - 682 036.

              BY ADVS.
                       MADHU RADHAKRISHNAN
                       NELSON JOSEPH(K/380/2007)
                       M.D.JOSEPH(K/839/2008)
                       DEEPAK ASHOK KUMAR(K/1624/2018)




       THIS   OP   (DEBT   RECOVERY   TRIBUNAL)   HAVING   COME   UP   FOR
ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 O.P.(DRT)No.450/2022               3




                          JUDGMENT

When this matter is taken up for consideration today, it

is the submission of the learned counsel appearing for the

petitioner that pursuant to an application made by the

petitioner, a One Time Settlement has been accepted by the

Bank and therefore further orders are not necessary in this

original petition.

Accordingly this original petition is closed leaving open

all the contentions of the petitioner.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF OP (DRT) 450/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE INTERIM ORDER DATED 23/11/2021 IN W.P.(C) NO. 25281/2021 PASSED BY THIS HON'BLE COURT

Exhibit P2 THE TRUE COPY OF THE SECURITIZATION APPLICATION NO. 110 OF 2022 FILED BY THE PETITIONER UNDER SECTION 17 OF THE SARFAESI ACT BEFORE THE DEBTS RECOVERY TRIBUNAL - II, ERNAKULAM WITHOUT ANNEXURES

Exhibit P3 THE TRUE COPY OF THE INTERIM ORDER DATED 18/02/2022 IN O.P. (DRT) NO. 152 OF 2022 PASSED BY THIS HON'BLE COURT

Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 15/06/2022 IN W.P.(C) NO. 25281/2021 AND OP (DRT) NO.152/2022 PASSED BY THIS HON'BLE COURT

Exhibit P5 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR STAY OF PROCEEDINGS VIDE NO. I.A. NO. 1487 OF 2022 FILED BY THE PETITIONER BEFORE THE DEBTS RECOVERY TRIBUNAL - II, ERNAKULAM

Exhibit P6 THE CERTIFIED COPY OF THE ORDER DATED 07/11/2022 IN I.A. NO.1487/2022 IN S.A. NO.110/2022 PASSED BY THE DEBTS RECOVERY TRIBUNAL - II, ERNAKULAM

Exhibit P7 THE TRUE COPY OF THE RELEVANT PAGE OF THE LOAN ACCOUNT STATEMENT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P8 THE TRUE COPY OF THE SCREEN SHOT OF THE TEXT MESSAGE DATED 07/01/2022 AND THE ATTACHED IMAGE FORWARDED BY THE 3RD RESPONDENT TO THE PETITIONER.