Thomas Antony vs Oriental Bank Of Commerce
2023 Latest Caselaw 8327 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
         TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                          OP (DRT) NO. 13 OF 2014
  AGAINST THE ORDER IN APPEAL NO.40/2009 OF DEBT RECOVERY TRIBUNAL,
                               ERNAKULAM
PETITIONER/S:

            THOMAS ANTONY
            S/O. LATE ANTONY MATHEW, KOLLAMKULAM HOUSE,
            THAMPALAKAD P.O., KANJIRAPALLY, A MENTALLY SICK PERSON
            REPRESENTED BY HIS SISTER MARY ABRAHAM W/O. ITTIYAVIRATH
            ABRAHAM AND D/O.LATE ANTONY MATHEW, RESIDING AT 10A JC1
            TOWER, MUTTAMBALAM P.O., KANJIKUZHI.

            BY ADV SRI.PEARSON S.FERNANDEZ



RESPONDENT/S:

     1      ORIENTAL BANK OF COMMERCE, M.G.ROAD BRANCH, ERNAKULAM,
            REPRESENTED BY ITS BRANCH MANAGER.

     2      MS. AMROK SHIPPING P LTD.
            A COMPANY LIQUIDATED AS PER THE ORDER OF WINDING UP
            PASSED BY THE HON'BLE HIGH COURT OF KERALA, REPRESENTED
            BY THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA.

     3      GEORGE ANTONY, ERSTWHILE DIRECTOR OF M/S. AMROK
            SHIPPING(P)LTD., A COMPANY LIQUIDATED.

     4      ALEX ANTONY, ERSTWHILE DIRECTOR OF M/S. AMROK
            SHIPPING(P)LTD., A COMPANY LIQUIDATED.

     5      JACOB ANTONY, ERSTWHILE DIRECTOR OF M/S. AMROK
            SHIPPING(P)LTD., A COMPANY LIQUIDATED.

     6      MATHEW ANTONY, M/S. AMROK SHIPPING (P)LTD., G-117,
            PANAMPILLY NAGAR, KOCHI-36.

     7      P.J.CHACKO, AGED 50 YEARS
            S/O. P.D.JOSEPH, RESIDING AT PUTHUPARAMBIL HOUSE,
 O.P.(DRT) No.13/2014
                                          -2-

             MUNDAKAYAM P.O.

     8       THE RECOVERY OFFICER
             DEBT RECOVERY TRIBUNAL, ERNAKULAM.

     9       THE DEBT RECOVERY TRIBUNAL
             ERNAKULAM.

             BY ADVS.
             SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
             SRI.V.V.SIDHARTHAN SR.
             SRI.SAJI P.JOSEPH, SC, ORIENTAL BANK OF COMMERCE
             SRI.D.G.VIPIN




         THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(DRT) No.13/2014
                                    -3-




                         JUDGMENT

Even in the revised call, no one has put in appearance on

behalf of the petitioner to press this writ petition. However,

the learned Counsel for the Bank, Oriental Bank of Commerce,

now merged to Punjab National Bank, is present.

2. After the property was put to auction, the property

was delivered to the auction purchaser. The sale deed has

been executed in favour of the auction purchaser.

3. It is submitted at the Bar that the petitioner is a

stranger in the property who has no right, title or interest

before or after the sale.

4. In view thereof, this writ petition is dismissed for

non-prosecution as well as on merit.

Sd/-

DINESH KUMAR SINGH JUDGE

jjj O.P.(DRT) No.13/2014

APPENDIX OF OP (DRT) 13/2014

PETITIONER EXHIBITS

P1 : COPY OF THE ORDER OF THE HON'BLE DISTRICT COURT, KOTTAYAM, DTD.13.4.2012 IN OP(MH)141/10.

P2 : COPY OF THE SETTLEMENT DEED NO.1002/1958 OF KANJIRAPPALLY, SRO.

P3 : COPY OF THE ORDER PASSED BY THE EIGHT RESPONDENT IN IA NO.1818/09 IN DRC 1503/OBC/EKM.

P4 : COPY OF THE ORDER DTD.24.9.2009 OF THE HON'BLE HIGH COURT OF KERALA IN WPC NO.26799/09.

P5 : COPY OF THE JUDGMENT DTD.18.12.2010, PASSED BY THE HON'BLE SUB COURT, PALA IN OS NO.200/2008.

P6 : COPY OF THE OFFER LETTER DTD.11.11.2011 SUBMITTED FOR THE PETITIONER TO THE 1ST RESPONDENT.

P7 : COPY OF THE REJECTION OF EXT.P6 OFFER BY THE 1ST RESPONDENT, DTD.13.2.2012.

P8 : COPY OF THE IA NO.2140 OF 2012 FILED BY THE PETITIONER IN APPEAL NO.40/2009.

P9 : COPY OF THE JUDGMENT DTD.13.1.2011 IN WPC NO.30611/10 OF THIS HON'BLE COURT.

P10: COPY OF THE FINAL ORDER OF THE 9TH RESPONDENT, DTD.15.1.2014 IN APPEAL NO.40/2009.

P11: COPY OF THE PARTITION DEED NO.1869/1988 OF KANJIRAPPALLY SRO.

P12: TRUE COPY OF THE OFFER LETTER MADE BY THE FOURTH RESPONDENT ON BEHALF OF THE PETITIONER TO THE FIRST RESPONDENT BANK

P13: TRUE COPY OF THE PASS BOOK OF THE FOURTH RESPONDENT'S SON SHOWING THE DEPOSIT OF THE SAID SUM OF RS14,70,000/- IN THE FIRST RESPONDENT BANK

P14: TRUE COPY OF THE LETTER DATED 09.12.2014 ISSUED BY THE FIRST RESPONDENT BANK.