M.R.Saratchandran vs Debts Recovery Appellate ...
2023 Latest Caselaw 6745 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                       OP (DRT) NO. 2493 OF 2012
    AGAINST THE ORDER/JUDGMENT IN RA 40/2011 OF DEBT RECOVERY
                      APPELLATE TRIBUNAL, CHENNAI
PETITIONER:

          M.R.SARACHANDRAN
          AGED 65 YEARS
          TC NO.2/1955(2), GAWREESHAPATTINAM, PATTOM P.O.,
          THIRUVANANTHAPURAM.
          BY ADV SRI.S.EASWARAN
RESPONDENTS:

    1     DEBTS RECOVERY APPELLATE TRIBUNAL
          CHENNAI, REPRESENTED BY ITS REGISTRAR, PIN-600 001.
    2     THE SENIOR MANAGER AND AUTHORISED OFFICER
          THE DHANALAKSHMI BANK LTD., FORT BRANCH,
          THIRUVANANTHAPURAM-695 001.
    3     SRI. K.G.RAJENDRA KURUP
          KANNANKARA VILLA, P.O.KALANJOOR P.O.,
          PATHANAMTHITTA, PIN-689 694.
     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (DRT) NO.2493 OF 2012

                                     2




                               JUDGMENT

Dated this the 20th day of June, 2023

It is submitted by the learned counsel for the petitioner that this

original petition has become infructuous.

This original petition is, accordingly, closed as infructuous.

Sd/-

ANU SIVARAMAN JUDGE NP OP (DRT) NO.2493 OF 2012

APPENDIX OF OP (DRT) 2493/2012

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 20-12-2010 PASSED PASSED BY THE DRT, ERNAKULAM IN IA NOS 677 OF 2009 AND 678 OF 2009 IN UNREGISTERED SA EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL, M.A NO. 40 OF 2011 FILED BY THE PETITIONER BEFORE DRAT, CHENNAI.

EXHIBIT P3 TRUE COPY OF THE A DIARY PROCEEDINGS OF THE DRAT, CHENNAI EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 22-2-2012 IN M.A NO. 40 OF 2011 EXHIBIT P5 TRUE COPY OF THE DEMAND DRAFT BEARING NO.

315190 FOR RS. 40,000/-

EXHIBIT P5 TRUE COPY OF THE DEMAND DRAFT BEARING NO.

239339 FOR RS. 40,000/-

EXHIBIT P5 TRUE COPY OF THE DEMAND DRAFT BEARING NO.

706834 FOR RS. 40,000/-

EXHIBIT P5 TRUE COPY OF THE DEMAND DRAFT BEARING NO.

708316 FOR RS. 40,000/-

EXHIBIT P5 TRUE COPY OF THE DEMAND DRAFT BEARING NO.

120918 FOR RS. 40,000/-

EXHIBIT P6 TRUE COPY OF APPLICATION FOR EXTENTION OF TIME AND CONDONATION OF DELAY FILED IN M.A NO. 40 OF 2011 EXHIBIT P7 TRUE COPY OF THE DEMAND DRAFT BEARING NOS.

254557 FOR RS. 40,000/-

EXHIBIT P7(a) TRUE COPY OF THE DEMAND DRAFT BEARING NO.

254565 FOR RS. 30,000/-

EXHIBIT P7(b) TRUE COPY OF THE DEMAND DRAFT BEARING NO.

254566 FOR RS. 40,000/-

EXHIBIT P7(c) TRUE COPY OF THE DEMAND DRAFT BEARING NO.

254567 FOR RS. 40,000/-

EXHIBIT P7(d) TRUE COPY OF THE DEMAND DRAFT BEARING NO.

254568 FOR RS. 40,000/-

EXHIBIT P7(e) TRUE COPY OF THE DEMAND DRAFT BEARING NO.

254569 FOR RS. 40,000/-

EXHIBIT P7(f) TRUE COPY OF THE DEMAND DRAFT BEARING NO.

254570 FOR RS. 40,000/-

EXHIBIT P7(g) TRUE COPY OF THE DEMAND DRAFT BEARING NO.

254571 FOR RS. 40,000/-

OP (DRT) NO.2493 OF 2012

EXHIBIT P7(h) TRUE COPY OF THE DEMAND DRAFT BEARING NO.

254572 FOR RS. 40,000/-

EXHIBIT P8 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE A DIARY PROCEEDINGS DATED 18-07-2012 IN M.A NO 40 OF 2011 EXHIBIT P10 TRUE COPY OF THE ORDER DATED 15-5-2012 IN MC NO. 341 OF 2012 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM RESPONDENTS' EXHIBITS: NIL