Abhay P.Kumar vs The Authorized Officer, Indian ...
2022 Latest Caselaw 5450 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                       OP (DRT) NO. 92 OF 2022
           SA 189/2021 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM


PETITIONER/ APPLICANT :

            ABHAY P.KUMAR,
            AGED 30 YEARS,
            S/O.PADMAKUMAR, PROP. M/S. AJMER ART & STONE, 10/223,
            NIRMALYAM, AZHINHILAM P.O., FAROOQ COLLEGE (VIA),
            MALAPPURAM DISTRICT,
            PIN - 673 632.

            BY ADV SAJEEVAN KURUKKUTTIYULLATHIL



RESPONDENT/ RESPONDENT :

    1       THE AUTHORIZED OFFICER, INDIAN BANK,
            ZONAL OFFICE, LIC BUILDING, GROUND SM ST.,
            KOZHIKODE DISTRICT, KERALA, PIN - 673 001.

    2       THE BRANCH MANAGER, INDIAN BANK,
            KALLAI ROAD, BRANCH, RAHMAT MAHAL,
            PALAYAM, KALLAI ROAD, KOZHIKODE DISTRICT,
            KERALA, PIN - 673 002.

            BY SRI.S.EASWARAN, SC



     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 92 OF 2022
                                               2

                           BECHU KURIAN THOMAS, J.
                          =-=-=-=-=-=-=-=-=-=-=-=-=-=
                             O.P (DRT) No.92 of 2022
                          =-=-=-=-=-=-=-=-=-=-=-=-=-=
                        Dated this the 20th day of May, 2022


                                       JUDGMENT

This original petition was filed seeking the following

reliefs :-

i. Issue a direction to the respondent bank to stop SARFAESI proceedings till Ext.P3 petition for revival and extension is considered by DRT-I, Ernakulam.

ii. Issue an order of revival and extension of time for a period of two months from 14.01.2022, i.e.from the date of filing IA.No.94/2022 in SA.No.189/2021 before the DRT-I, Ernakulam for revival and extension of time.

2. At the time when the original petition came up for

admission, this Court had by order dated 15.02.2022 directed the

petitioner to deposit an amount of Rs.10,00,000/- as a condition for

deferring all proceedings for sale of the property. Subsequently, by

order dated 25.02.2022, on an application filed at the instance of

the respondent bank, this Court permitted the bank to proceed with

the sale if the petitioner fails to comply with the deposit stipulated

in the order dated 15.02.2022.

OP (DRT) NO. 92 OF 2022

3. The learned Standing Counsel for the respondents

submitted that petitioner failed to comply with the condition of

deposit stipulated in the order dated 15.02.2022 and therefore the

bank proceeded with the sale of the property and the sale that took

place has even been confirmed. It is also pointed out that the

interim application in SA.No.189/2021 was taken up by the Tribunal

and was dismissed on 21.04.2022.

In view of the above dismissal, the reliefs claimed for, in

this original petition has become infructuous. Accordingly, this

original petition is dismissed as infructuous.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM