Soorya S vs The Authorized Officer, Uco Bank
2022 Latest Caselaw 11363 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. 59 OF 2021
PETITIONER:

          SOORYA S.
          AGED 57 YEARS
          W/O. MOOSAKUTTY, RESIDING AT SELAMATH SREE EIGHT, EDAVA
          P.O, VARKALA, THIRUVANANTHAPURAM PIN 695 311

          BY ADV A.JANI(KOLLAM)



RESPONDENTS:

    1     THE AUTHORIZED OFFICER, UCO BANK
          UCO BANK, VARKALA BRANCH, MAIDANAM, TEMPLE ROAD,
          THIRUVANANTHAPURAM DISTRICT, PIN 695 141

    2     THE BRANCH MANAGER,
          UCO BANK VARKALA BRANCH, MAIDANAM, TEMPLE ROAD,
          THIRUVANANTHAPURAM PIN 695 141

          ADV. H RAMANAN (SC)


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) No.59/2021                       -2-

                                   JUDGMENT

This original petition was filed at a time when there was no regular sitting

before the Debts Recovery Tribunal, Ernakulam. It is now reported that regular

sittings have commenced and the securitization application filed by the petitioner is

still pending consideration before the Tribunal. It is also not disputed before me

that the sale scheduled on 28-04-2021, which was impugned in the original petition

did not fructify for want of bidders.

Taking all the aforesaid facts cumulatively into consideration, I am of the

view that nothing further survives for consideration in this original petition and the

same is closed, leaving it open to the petitioner to pursue all his remedies before the

Tribunal. The Tribunal shall endeavour to conclude the proceedings without undue

delay.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF OP (DRT) 59/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF NOTICE UNDER SECTION 13(4) SARFAESI ACT R/W RULE 8(11) OF SARFAESI RULES

EXHIBIT P2 TRUE COPY OF NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT

EXHIBIT P3 TRUE COPY OF NOTICE UNDER RULE 8(5) OF SECURITY INTEREST (ENFORCEMENT) RULES 2002

EXHIBIT P4 TRUE COPY OF PETITION IN M.C NO. 706 OF 2019 SUBMITTED BEFORE CJM THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE COPY OF ORDER IN EXHIBIT P5 PETITION

EXHIBIT P6 TRUE COPY OF JUDGMENT IN W.P.C NO. 21404 OF 2019 OF THIS HONOURABLE COURT

EXHIBIT P7 TRUE COPY OF JUDGMENT IN WP(C0 NO. 16135 OF 2020 OF THIS HONOURABLE COURT.

EXHIBIT P8 TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER TO RESPONDENTS

EXHIBIT P9 TRUE COPY NOTICE UNDER RULE 8(5) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002

EXHIBIT P10 TRUE COPY NOTICE UNDER RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002

EXHIBIT P11 TRUE COPY OF APPLICATION PREFERRED BEFORE THE DEBT RECOVERY TRIBUNAL-II ERNAKULAM CHALLENGING EXHIBIT P9 AND P10 (WITHOUT ANNEXURES)