Umamaheshwari.R vs Bank Of Baroda
2023 Latest Caselaw 4624 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        OP (DRT) NO. 126 OF 2023
    AGAINST THE ORDER/JUDGMENT IN SA 42/2023 OF DEBT RECOVERY
                        TRIBUNAL- 2, ERNAKULAM


PETITIONER/APPLICANT:

          UMAMAHESHWARI.R.,
          AGED 64 YEARS
          W/O. LATE DR. RAJESH KUMAR.T.R,
          PROPRIETOR OF M/S. VEERIAH REDDIAR,
          SEEMATTI HALL, NEAR IRON BRIDGE
          ALAPPUZHA, PIN - 688001
          KERALA, INDIA.

          BY ADVS.
          K.SANEESH KUMAR
          A.BALAGOPALAN
          V.B.SANTHINI



RESPONDENTS/DEFENDANTS:

    1     BANK OF BARODA,
          FORT BRANCH,
          AKHILA BHARATHA AYYAPPA SEVA SANGHAM BUILDING,
          PADAVILASAM ROAD, PAZHAVANGADI,
          THIRUVANANTHAPURAM, PIN - 695023
          REPRESENTED BY ITS MANAGER

    2     AUTHORISED OFFICER,
          BANK OF BARODA, FORT BRANCH,
          AKHILA BHARATHA AYYAPPA SEVA SANGHAM BUILDING,
          PADAVILASAM ROAD, PAZHAVANGADI,
          THIRUVANANTHAPURAM, PIN - 695023

    3     MRS. R.MANORAMA,
          3B, ALZA WOOD BINE,
          NEAR PTC, THYCAUD.P.O.,
          THIRUVANANTHAPURAM,
          PIN - 695014
 OP (DRT) NO. 126 OF 2023
                                    2



    4       R.NAGARAJ,
            3B, ALZA WOOD BINE, NEAR PTC,
            THYCAUD.P.O., THIRUVANANTHAPURAM,
            PIN - 695014

    5       R.A.KRISHNARAJ,
            3B, ALZA WOOD BINE, NEAR PTC,
            THYCAUD.P.O.,
            THIRUVANANTHAPURAM, PIN - 695014

            BY ADVS.
            K.ANAND
            S.EASWARAN

            SRI. NAGARAJ NARAYANAN,SC




     THIS   OP   (DEBT   RECOVERY   TRIBUNAL)   HAVING   COME   UP   FOR
ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 OP (DRT) NO. 126 OF 2023
                                      3




                             T.R. RAVI, J.
              --------------------------------------------
                      O. P. (DRT) No.126 of 2023
               --------------------------------------------
                 Dated this the 12th day of April, 2023

                              JUDGMENT

When the case is taken up today, it is submitted by the counsel

for the petitioner that the entire articles have been removed by them.

No further orders are required in this writ petition.

Writ petition is hence closed.

Sd/-

T.R. RAVI JUDGE Pn OP (DRT) NO. 126 OF 2023

APPENDIX OF OP (DRT) 126/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF LETTER DATED 17/07/1975 ISSUED BY THE ACCOUNTS OFFICER OF OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER, THYCAUD, THIRUVANANTHAPURAM.

Exhibit P2 TRUE COPY OF BILL DATED 27/09/1975 ISSUED BY THE MATHRUBHUMI PRINTING & PUBLISHING COMPANY LTD.

Exhibit P3 TRUE COPY OF LETTER DATED 01/06/1983 ISSUED BY CANARA BANK, ALLEPPEY BRANCH

Exhibit P4 TRUE COPIES OF RENT PAYMENTS IN EXCEL SHEET FOR THE PERIOD FROM MARCH 1998 TO OCTOBER

Exhibit P5 TRUE COPY OF LAWYER QUIT NOTICE DATED 10/01/2023 ISSUED ON BEHALF OF RESPONDENTS 3 TO 5

Exhibit P6 TRUE COPY OF SECTION 13(4) POSSESSION NOTICE DATED 03/01/2023 RECEIVED FROM THE SECOND RESPONDENT

Exhibit P7 A TRUE COPY OF THE SECURITISATION APPLICATION FILED BY THE PETITIONER BEFORE THE DRT-2, ERNAKULAM DATED 11/1/23

Exhibit P8 TRUE COPY OF NOTICE DATED 31/01/2023 ISSUED BY ADVOCATE COMMISSIONER.

Exhibit P9 A TRUE COPY OF THE AMENDMENT APPLICATION WHICH IS FILED AS I.A.1/2023 ON 5.2.2023

Exhibit P10 A TRUE COPY OF THE STAY PETITION WHICH IS FILED AS I.A.253/ 2023 ON 5.2.2023 OP (DRT) NO. 126 OF 2023

Exhibit P11 CERTIFIED COPY OF THE ORDER IN I.A 253/2023 IN S.A.42/2023 DATED 3.3.2023

Exhibit P12 A TRUE COPY OF THE CERTIFICATION ALONG WITH THE LISTS OF STOCK SUMMARY CERTIFIED BY THE CHARTERED ACCOUNTANT DATED 14.3.2023