Kerala High Court
Joseph.P.A vs The Authorized Officer on 30 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:73141
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. 470 OF 2023
AGAINST THE ORDER DATED 09.10.2023 IN IA 2114 OF 2023 IN SA
NO.327 OF 2023 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER/APPLICANT IN SA:
JOSEPH P. A.
AGED 64 YEARS, S/O. ABRAHAM,
RESIDING AT : PANTHAPPILLIL HOUSE, PARAYANGADU,
KOODARANJ I P. O., KOZHIKODE DISTRICT, PIN - 673 604.
BY ADVS.
SRI. RAJENDRAN T. G.
SRI. T. R. TARIN (K/110/2007)
RESPONDENTS/DEFENDANTS IN SA:
1 THE AUTHORIZED OFFICER,
IDBI BANK LTD., REGIONAL OFFICE AT CITY PLAZA,
2ND FLOOR, YMCA CROSS ROAD, KOZHIKODE, PIN - 673 001.
2 IDBI BANK LTD.,
MALAPPURAM BRANCH, V COMPLEX,
NEAR PASSPORT OFFICE, PARAPPANANGADI ROAD,
MALAPPURAM, PIN - 676 519,
REPRESENTED BY ITS BRANCH MANAGER.
BY ADVS.
SRI. KIRAN M. S.
SRI. REMESH KARTHA E. K.(K/2389/2022)
SRI. ROHITH R. KARTHA (D/9713/2021)
SMT. LISHA WILLIAM (K/001146/2018)
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. 470 OF 2023 2
2024:KER:73141
DINESH KUMAR SINGH, J.
--------------------------
OP (DRT) No. 470 of 2023
-------------------------
Dated this the 30th day of September, 2024
JUDGMENT
1. After some arguments, the learned Counsel for the
petitioner submits that he would like to withdraw the original
petition.
2. Considering the above submission of the learned Counsel
for the petitioner, the present original petition is hereby
dismissed as withdrawn. Interim order, if any, stands vacated.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
2024:KER:73141
APPENDIX OF OP (DRT) 470/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF S.A.N0.327/2023 FILED BY THE
APPLICANT BEFORE THE TRIBUNAL (WITHOUT
ANNEXURES) DATED 22.06.2023.
EXHIBIT P2 TRUE COPY OF DEMAND NOTICE DATED 06-01-2023
ISSUED BY THE FIRST RESPONDENT UNDER
SECTION 13(2) OF THE SARFEASI ACT TO THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF REPLY/ OBJECTION DATED 01-02-
2023 SUBMITTED BY THE PETITIONER BEFORE THE
FIRST RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPLY DATED 07-02-2023 SEND BY
THE FIRST DEFENDANT TO THE APPLICANT.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 06-03-2023
PASSED BY THIS HON'BLE COURT IN W.P(C)
NO.37504/2022.
EXHIBIT P6 TRUE COPY OF POSSESSION NOTICE DATED 16-03-
2023 ISSUED BY THE FIRST RESPONDENT TO THE
PETITIONER.
EXHIBIT P7 TRUE COPY OF C.M.P.NO.809/2023 FILED BY THE
SECOND RESPONDENT BANK BEFORE THE CHIEF
JUDICIAL MAGISTRATE COURT, KOZHIKODE UNDER
SECTION 14 OF THE SARFEASI ACT ALONG WITH
AFFIDAVIT.
EXHIBIT P8 TRUE COPY OF ORDER DATED 20-05-2023 PASSED
BY CHIEF JUDICIAL MAGISTRATE COURT,
KOZHIKODE IN C.M.P.N0.809/2023.
EXHIBIT P9 TRUE COPY OF NOTICE DATED NIL (JUNE 2023)
ISSUED BY ADVOCATE COMMISSIONER (ADV
VASUDEVAN K K) TO THE PETITIONER.
2024:KER:73141
EXHIBIT P10 TRUE COPY OF IA.NO.2114/2023 (STAY
PETITION) FILED BY THE PETITIONER IN
S.A.NO.327/2023.
EXHIBIT P11 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
THE RESPONDENTS IN I.A.NO.2114/2023 BEFORE
DRT-1, ERNAKULAM.
EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS DATED 25-07-
2023 OF DRT-1, ERNAKULAM IN S.A.NO.327/2023
AVAILABLE IN THE WEBSITE (DRT.GOV.IN).
EXHIBIT P13 TRUE COPY OF I.A.NO.3156/2023 FILED BY THE
PETITIONER IN S.A.NO.327/2023 (WITHOUT
ANNEXURES).
EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS DATED 20-09-
2023 OF DRT-1, ERNAKULAM IN S.A.N0.327/2023
AVAILABLE IN THE WEBSITE (DRT.GOV.IN).
EXHIBIT P15 TRUE COPY OF THE ADDITIONAL COUNTER
AFFIDAVIT FILED BY THE RESPONDENTS IN
I.A.NO.2114/2023 IN S.A.NO.327/2023
(WITHOUT ANNEXURES) DATED 16.08.2023.
EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS DATED 03-10-
2023 OF DRT-1, ERNAKULAM IN S.A.NO.327/2023
AVAILABLE IN THE WEBSITE (DRT.GOV.IN).
EXHIBIT P17 TRUE COPY OF ORDER DATED 09-10-2023 PASSED
BY THE DRT-1, ERNAKULAM IN I.A.NO.2114/2023
IN S.A.NO.327/2023.
