M/S. Greenliving Agribusiness ... vs Indian Bank
2023 Latest Caselaw 1022 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                     OP (DRT) NO. 345 OF 2021
AGAINST THE PROCEEDINGS IN SA NO.243/2021 ON THE FILES OF THE DEBT
                 RECOVERY TRIBUNAL - I, ERNAKULAM
PETITIONERS/APPLICANTS:
     1     M/S. GREENLIVING AGRIBUSINESS PVT. LTD.,
           REP. BY ITS DIRECTOR MRS.MINI PAUL,
           7/337F, MAVELIPURAM, KAKKANAD, ERNAKULAM - 682 030.

    2     MINI PAUL,
          AGED 52 YEARS,
          W/O.JOSE FRANCIS, W/O.JOSE FRANCIS, RESIDING AT 10C,
          NOEL TOUCHSTONE APARTMENTS, CRASH ROAD, THRIKKAKARA
          P.O., KOCHI - 682 021, ALSO AT KOKKAPPILLIL HOUSE,
          KOODARANJI P.O., KOZHIKODE DISTRICT - 673 604.

    3     AUGUSTINE GEORGE,
          S/O.GEORGE AUGUSTINE, RESIDING AT 6A,
          KNIGHTS SKYLINE IMPERIAL GARDEN, JAWAHARLAL NEHRU
          STADIUM ROAD, KOCHI - 682 025.

          BY ADVS.
          V.K.PEERMOHAMED KHAN
          GIRISH KUMAR V.C



RESPONDENTS/DEFENDANTS:
     1     INDIAN BANK
           REPRESENTED BY ITS BRANCH MANAGER, M.G.ROAD, ERNAKULAM
           BRANCH, CHANDRIKA BUILDING, FIRST FLOOR, KPCC JUNCTION,
           M.G.ROAD, ERNAKULAM - 682 011.

    2     THE AUTHORISED OFFICER,
          INDIAN BANK, M.G.ROAD, ERNAKULAM BRANCH, CHANDRIKA
          BUILDING, FIRST FLOOR, KPCC JUNCTION, M.G.ROAD,
          ERNAKULAM - 682 011.




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO. 345 OF 2021

                                  2


                            JUDGMENT

The learned counsel for the petitioner submits that the

original petition is not pressed leaving open all contentions raised

by the petitioner.

In the light of the submission made by the learned counsel

for the petitioner, the original petition is dismissed as not pressed

leaving open all contentions raised by the petitioner.

Sd/-

GOPINATH P.

JUDGE DK OP (DRT) NO. 345 OF 2021

APPENDIX OF OP (DRT) 345/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENT BANK.

Exhibit P2 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT BANK.

Exhibit P3 TRUE COPY OF THE SECURITIZATION APPLICATION FILED BY THE PETITIONERS AS SA NO.243/2021 BEFORE THE DEBT RECOVERY TRIBUNAL-I, ERNAKULAM WITHOUT ANNEXURES.