Kerala High Court
Anarath Ammed Alias Anarath Ammed Hajee vs The Federal Bank Ltd on 30 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
OP (DRT) NO. 264 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
OP (DRT) NO. 264 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN SA NO.432 OF 2024 OF
DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER:
ANARATH AMMED ALIAS ANARATH AMMED HAJEE,
AGED 64 YEARS
S/O. ANARATH MOIDU HAJEE, ANARATH HOUSE,
VILLIYAPALLY P.O, BADAGARA VIA, KOZHIKODE
DISTRICT, PIN - 673542
BY ADV RAJ CAROLIN V.
RESPONDENT:
THE FEDERAL BANK LTD,
REPRESENTED BY ITS AUTHORISED OFFICER, KALLAI ROAD
BRANCH, LCRD/KOZHIKODE DIVISION, 1ST FLOOR,
FEDERAL TOWERS, MAVOOR ROAD, ARAYADATHUPALAM,
KOZHIKODE DISTRICT, PIN - 673016
SRI.MOHAN JACOB GEORGE-SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 30.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP (DRT) NO. 264 OF 2024
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JUDGMENT
The present Original Petition has been filed for the following
prayers:
"i) To set aside Exhibit P7 order in proceedings of the
Presiding Officer, DRT-I, Court, Ernakulam dated
12/08/2024 in I.A No. 2861/2024 in S.A. No. 432/2024
, as arbitrary, illegal and unjust.
ii) Such other reliefs this Hon'ble Court deems fit and
proper to grant in the facts and circumstances of the
case.
iii) Petitioner also prays that this Hon'ble Court may be
pleased to dispense with the English translation of the
documents produced in the Vernacular Language. "
2. This Court vide interim order dated 22.08.2024 directed
the petitioner to pay Rs.1 Crore on or before 30.9.2024 and subject
to making payment of Rs.1 Crore, the petitioner was directed not
to be ousted from the secured asset.
3. The petitioner has failed to comply with the aforesaid
interim order and therefore, this Court finds no justification to keep
OP (DRT) NO. 264 OF 2024
2024:KER:72660
this original petition pending on the files of this Court.
With the above observation, the Original Petition is dismissed,
leaving it open to the petitioner to take recourse to any other
remedy as may be available to the petitioner.
Sd/-DINESH KUMAR SINGH
JUDGE
lsn
OP (DRT) NO. 264 OF 2024
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APPENDIX OF OP (DRT) 264/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OFFICE COPY OF THE
PLAINT IN S.A NO. 432/2024 OF THE DEBTS
RECOVERY TRIBUNAL-I, ERNAKULAM, DATED
14.06.2024 ( WITHOUT ANNEXURES )
Exhibit P2 TRUE COPY OF THE OFFICE COPY OF THE STAY
PETITION NUMBERED AS I.A. NO. 2222/2024
IN S.A NO. 432/2024 OF THE DEBTS RECOVERY
TRIBUNAL-I, ERNAKULAM DATED 14.06.2024
Exhibit P3 TRUE COPY OF THE FAIR ORDER IN I.A. NO.
2222/2024 IN S.A NO. 432/2024 ISSUED BY
THE HON'BLE DEBTS RECOVERY TRIBUNAL-I,
ERNAKULAM DATED 18.06.2024
Exhibit P4 TRUE COPY OF THE COUNTER FOIL OF THE PAY
IN SLIP DATED 09/07/2024 ISSUED BY THE
RESPONDENT BANK
Exhibit P5 TRUE COPY OF THE OFFICE COPY OF I.A NO.
2861/2024 IN S.A. NO. 432/2024 DATED
05/08/2024 OF THE DEBTS RECOVERY
TRIBUNAL-I, ERNAKULAM
Exhibit P6 TRUE COPY OF THE MEMO DATED 09/08/2024
FILED IN S.A. NO. 432/2024 OF THE DEBTS
RECOVERY TRIBUNAL-I, ERNAKULAM EVIDENCING
THE DEPOSIT OF ₹15,00,000/- ALONG WITH
THE COUNTER FOIL OF THE PAY IN SLIP
ISSUED BY THE RESPONDENT BANK DATED
08/08/2024
Exhibit P7 THE TRUE COPY OF THE DAILY PROCEEDINGS
PUBLISHED ON THE WEBSITE OF DRT OF THE
PROCEEDINGS DATED 12/08/2024 IN I.A NO.
2861/2024 IN S.A. NO. 432/2024 OF THE
PRESIDING OFFICER, DRT-I, COURT,
ERNAKULAM
