Nachsh Trading Company vs Federal Bank Ltd
2022 Latest Caselaw 7789 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       OP (DRT) NO. 42 OF 2022
 AGAINST THE PROCEEDINGS IN SA 58/2020 OF DEBT RECOVERY TRIBUNAL-
                            II, ERNAKULAM
PETITIONERS/APPLICANTS:

    1       M/S.NACHSH TRADING COMPANY
            REPRESENTED BY ITS PARTNER SUFFERULLAH E, AGED 58, S/O.
            ELLYASU KUNJU, 27/1026, G-289, FIRST FLOOR, MAIN
            AVENUE, PANAMPILLY NAGAR ERNAKULAM 682 036
    2       SUFFERULLAH E, AGED 58 YEARS
            S/O. ELLYASU KUNJU, KAVARATHU MADOM,. PULIYOOR VANCHI
            NORTH, KARUNAGAPPALLY, SRP MARKET P.O, KOLLAM 690 539
    3       SHEEBA SAFEERULLAH, AGED 49 YEARS
            W/O. SAFFERULLAH, KAVARATHU MADOM,.
            PULIYOOR VANCHI NORTH, KARUNAGAPPALLY, SRP MARKET P.O,
            KOLLAM 690 539
    4       NAZARUDEEN B, AGED 66 YEARS
            S/O. M.S BADARUDEEN, SHAMNAD MANZIL, PADA NORTH,
            KARUNAGAPPALLY, KOLLAM 690 518
    5       RAHIYANATH, AGED 60 YEARS
            W/O. NAZARUDEEN, SHAMNAD MANZIL, PADA NORTH,
            KARUNAGAPPALLY, KJOLLAM 690 518
            BY ADVS.
            V.K.PEERMOHAMED KHAN
            GIRISH KUMAR V.C


RESPONDENTS/DEFENDANTS:

    1       FEDERAL BANK LTD
            REPRESENTED BY ITS BRANCH MANAGER,
            KOLLAM BRANCH, KOLLAM 691 001
    2       THE AUTHORISED OFFICER
            FEDERAL BANK, LCRD/MAVELIKKARA DIVISION, 1ST FLOOR,
            PADINJARETHALACKAL, CHERIAN CHAMBERS, PUTHIYAKAVU,
            MAVELIKKARA 690 101, ALEPPEY
    3       ADDL. R.3 P.SATHEEESH KUMAR
            PADMALAYAM,SRP(M) P.O,THAZHAVA,
            KARUNAGAPPALLY,KOLLAM-690544
    4       AJITHA SATHEESH KUMAR
            PADMALAYAM,SRP(M) P.O,THAZHAVA,
            KARUNAGAPPALLY, KOLLAM 690 544
 OP (DRT) NO. 42 OF 2022                2



    5     SHRUTHY SATHEESH
          PADMALAYAM,SRP(M) P.O,THAZHAVA,
          KARUNAGAPPALLY,KOLLAM-690544
    6     ADARSH SATHEESH
          PADMALAYAM,SRP (M) P O,THAZHAVA,KARUNAGAPPALLY,KOLLAM-
          690544

          (THE ABOVE AUCTION PURCHASERS HAVE BEEN IMPLEADED AS
          ADDITIONAL RESPONDENTS 3 TO 6 AS PER THE ORDER DATED
          04/03/2022 IN I A NO.2/2022 IN OP(DRT)42/2022
          BY ADVS.
          SUNIL SHANKER
          VIDYA GANGADHARAN


     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 42 OF 2022                      3



                                  JUDGMENT

When this matter is taken up for consideration today,

learned counsel appearing for the petitioners submits that the

petitioners have already approached the Debts Recovery Tribunal

against the proceedings initiated by the respondent bank and this

writ petition may be closed, reserving the liberty of the

petitioners to pursue the their grievances before the Debts

Recovery Tribunal.

Accordingly, the OP(DRT) is closed, reserving liberty as

aforesaid.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF OP (DRT) 42/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SECURITIZATION FILED BY THE PETITIONERS AS SA NO. 58/2020 BEFORE THE DEBT RECOVERY TRIBUNAL II, ERNAKULAM Exhibit P2 TRUE COPY OF THE PETITION FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM IN MC NO. 148/2021 Exhibit P3 TRUE COPY OF THE ORDER IN MC NO. 148/2021 OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM Exhibit P4 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK Exhibit P5 TRUE COPY OF THE AMENDMENT PETITION WITHOUT ANNEXURES IN IA NO 37/2022 IN SA NO. 58/2020