Abdul Jaffar B.A vs Bank Of Baroda
2023 Latest Caselaw 3418 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                            OP (DRT) NO. 151 OF 2023
 AGAINST THE ORDER/JUDGMENTSA 299/2022 OF DEBT RECOVERY TRIBUNAL,
                                   ERNAKULAM
PETITIONER:

            ABDUL JAFFAR B.A
            AGED 37 YEARS, S/O. B.U ABDUL KHADER BENDICHAL,
            EYYALA HOUSE THEKKIL PO, KASARGOD, PIN - 671 541

            BY ADVS.
            SADCHITH.P.KURUP
            C.P.ANIL RAJ
            VINOD JABAR
            SIVA SURESH



RESPONDENTS:

    1       BANK OF BARODA
            HAVING HEAD OFFICE AT 26 ALKAPURI ROAD, ARADHANA
            SOCIETY VISWAS COLONY, ALKAPURI VADODARA, GUJARAT
            390007 AND BRANCH AT CHERKALA, CENTRAL CITY BUILDING,
            CHERKALA POST CHENGALA CHERKALA, KASARAGOD, REP. BY ITS
            CHIEF MANAGER, PIN - 671 541

    2       THE AUTHORISED OFFICER
            BANK OF BARODA, CP XV 549E & F CENTRAL CITY BUILDING
            CHERKALA POST CHENGALA CHERKALA, KERALA, PIN - 671 541

            BY ADV K.ANAND


    THIS      OP    (DEBT    RECOVERY   TRIBUNAL)   HAVING   COME   UP   FOR
ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 OP(DRT) NO.151 OF 2023
                                        2



                                  T.R. RAVI, J.
                  --------------------------------------------
                         OP (DRT). No.151 of 2023
                     --------------------------------------------
                 Dated this the 24th day of March, 2023

                                 JUDGMENT

Admit.

2. The learned Standing Counsel takes notice for the

respondents.

3. The petitioner has approached this Court challenging

an order rejecting an application for modification of order

passed by the Debts Recovery Tribunal. Ext.P4 is the petition

for modification. It is seen that the prayer itself is for a

modification permitting the petitioner to pay the amount of

Rs.20,18,720/- on or before 28.02.2022. The said period is long

over and more than a year has passed.

There will be no consequence even if the prayer is allowed,

since it cannot be worked out. The original petition fails and is

dismissed.

Sd/-

T.R. RAVI JUDGE ded/24.03.2023 OP(DRT) NO.151 OF 2023

APPENDIX OF OP (DRT) 151/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SA 299/22 DATED 21/4/2022 WITH OUT ANNEXURES

Exhibit P2 A TRUE COPY OFTHE IA 2079/2022 IN SA

Exhibit P3 A TRUE COPY OF PROCEEDINGS IN SA 299/2022 DATYED 19/10/2022

Exhibit P4 A TRUE COPY OF I A NO 98/2023 IN SA 299/2022 DATED 3/1/22

Exhibit P5 A TRUE COPY OF THE RECEIPT SWOING PAYMENT OF 5 LAKHS DATED 13/01/2023

Exhibit P6 A TRUE COPY OF THE ORDER DATED 31.1.2023 IN IA NO. 98/2023 IN SA 299/2022

Exhibit P7 A TRUE COPY OF THE RECEIPT DATED 1.3.2023 EVIDENCING DEPOSIT OF THE AMOUNT RS. 4 LAKHS