Kerala High Court
Sasidharan P vs Authorised Officer, Indian Overseas ... on 3 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF APRIL 2024/14TH CHAITHRA, 1946
OP (DRT) NO. 206 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN SA NO.473 OF 2022 OF
DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/APPLICANT:
SASIDHARAN P.,
AGED 63 YEARS,
S/O RAGHAVAN NAIR,
SREENIKETHAN, KERALASSERY VILLAGE,
KERALASSERY P.O.,
PIN 678 641,
NOW RESIDING AT NO. 45 RAGHAVAM,
VENKATESWARA GARDENS,
NEAR MERCY COLLEGE,
PALAKKAD - 678006 .
BY ADV AMAL GEORGE
RESPONDENTS/DEFENDANTS 1 TO 4 & OFFICIAL PARTY:
1 AUTHORISED OFFICER,
INDIAN OVERSEAS BANK,
ASSET RECOVERY MANAGEMENT BRANCH,
IOB BUILDING, NEAR KAVITHA THEATRE,
MG ROAD, ERNAKULAM, PIN - 683035.
2 THE BRANCH MANAGER,
INDIAN OVERSEAS BANK,
1ST FLOOR, T.B ROAD,
OTTAPPALAM,
PALAKKAD, PIN - 679101.
3 INDIAN OIL CORPORATION,
KERALA STATE OFFICE,
PANAMPALLY NAGAR AVENUE,
CHERIYAKADAVANTHRA P.O.,
PANAMPALLY NAGAR,
ERNAKULAM, PIN - 682036,
REPRESENTED BY ITS DIVISIONAL RETAIL HEAD,
PIN - 682036
O.P.(DRT) No.206/2023
:2:
4 RUBEENA K.K.,
D/O K KOYAMON, KUNDANI HOUSE,
VENGALUR, THALAKKAD,
MALAPPURAM, KERALA,
PIN-676102.
5 THE DEBTS RECOVERY TRIBUNAL 1 ERNAKULAM,
5TH FLOOR, KERALA STATE HOUSING BOARD
BUILDING, PANAMPALLY NAGAR,
ERNAKULAM - 682036,
REPRESENTED BY ITS REGISTRAR,
PIN - 682036
BY ADVS.
SUNIL SHANKER
GOPIKRISHNAN NAMBIAR M
V.A.JOHNSON (VARIKKAPPALLIL) V A
VIDYA GANGADHARAN
JERIN GEORGE
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP
FOR ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(DRT) No.206/2023
:3:
JUDGMENT
Dated this the 3rd day of April, 2024
The O.P.(DRT) has been filed by the petitioner
challenging Exts.P8 and P9 orders. Exts.P8 and P9 orders
are passed by the Debts Recovery Tribunal in interim
applications filed by the petitioner.
2. Standing Counsel for the Bank submits that
subsequently the Debts Recovery Tribunal has finally
disposed of S.A.No.473 of 2022 itself on 30.01.2024. In
order to file appeal against the final order of the Debts
Recovery Tribunal, the petitioner had approached this Court
and obtained time.
Taking into consideration all the afore aspects, I
find that the writ petition has become infructuous. The writ
petition is accordingly dismissed as infructuous.
Sd/-
N. NAGARESH
JUDGE
SR
APPENDIX OF OP (DRT) 206/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE PHOTOCOPY OF THE FIRST PAGE OF
THE VALUATION REPORT DATED 21/02/2012
SUBMITTED BY THE APPROVED VALUER SRI.
K SURESH MENON
Exhibit P1A TRUE PHOTOCOPY OF THE LETTER DATED
29/08/2022 SENT BY THE PETITIONER TO
THE SENIOR DIVISIONAL MANAGER OF
INDIAN OIL CORPORATION
Exhibit P2 TRUE PHOTOCOPY OF THE NOTICE OF SALE
ISSUED BY THE AUTHORISED OFFICER
DATED 13/09/2022
Exhibit P3 TRUE PHOTOCOPY OF THE VALUATION
REPORT DATED 20/09/2022 SUBMITTED BY
ER. GEORGE F. CHETHALAN, CHARTERED
ENGINEER, APPROVED AND REGISTERED
VALUER
Exhibit P4 TRUE PHOTOCOPY OF THE REPORT
SUBMITTED BY ER. NIPUN PRAKASH,
CHARTERED ENGINEER AND APPROVED
VALUER, DATED 29/03/2023
Exhibit P5 TRUE PHOTOCOPY OF THE PETITION
NUMBERED AS IA 1322 OF 2023 IN SA 473
OF 2022 WITH ANNEXURES BEFORE DRT 1
ERNAKULAM DATED 08/04/2023
Exhibit P6 TRUE PHOTOCOPY OF THE COUNTER
AFFIDAVIT FILED BY RESPONDENTS 1 AND
2 IN IA 1322 OF 2023 IN SA 473 OF
2022 DATED 12/4/2023.
Exhibit P7 TRUE PHOTOCOPY OF THE PETITION
NUMBERED AS IA 1335 OF 2023 IN SA 473
OF 2022 BEFORE DRT 1 ERNAKULAM DATED
11/04/2023
Exhibit P8 TRUE PHOTOCOPY OF THE ORDER DATED
02/05/2023 PASSED IN IA 1322 OF 2023
IN SA 473 OF 2022
Exhibit P9 TRUE PHOTOCOPY OF THE ORDER DATED
02/05/2023 PASSED IN IA 1335 OF 2023
IN SA 473 OF 2022
Exhibit P10 TRUE PHOTOCOPY OF THE STATEMENT OF
ACCOUNT NO. 50100655347860 OF HDFC
BANK MANAKKODY BRANCH TRICHUR DULY
ATTESTED BY THE BRANCH MANAGER.
