Kunjumon.D vs The Authorized Officer, Uco Bank
2024 Latest Caselaw 26333 Ker

Kerala High Court

Kunjumon.D vs The Authorized Officer, Uco Bank on 3 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                    2024:KER:66694

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
  TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
                     OP (DRT) NO. 153 OF 2024
        AGAINST THE ORDER/JUDGMENT DATED IN SA NO.193 OF 2024 OF
                DEBT RECOVERY TRIBUNAL, ERNAKULAM

PETITIONERS/APPLICANTS IN S.A.NO.193 OF 2024 :-

    1      KUNJUMON.D., AGED 48 YEARS
           S/O DAMODARAN, PUTHENVILA THEKKETHIL VEEDU,
           VAKKOMMUKKU, THAZHAMEL, ANCHAL P.O,
           KOLLAM DISTRICT, PIN - 691306

    2      NISHA GOPAL, AGED 39 YEARS
           W/O KUNJUMON.D.,PUTHENVILA THEKKETHIL VEEDU,
           VAKKOMMUKKU,THAZHAMEL, ANCHAL P.O.,
           KOLLAM DISTRICT, PIN - 691306


           BY ADVS.
           P.K.MUHAMMED
           SALIM KUMAR A.



RESPONDENTS/RESPONDENTS IN S.A.NO.193 OF 2024 :

    1      THE AUTHORIZED OFFICER, UCO BANK,
           AL-AMAN COMMERCIAL CENTRE, MARKET JUNCTION, ANCHAL,
           KOLLAM DISTRICT, PIN - 691306

    2      THE UCO BANK,
           AL-AMAN COMMERCIAL CENTRE,MARKET JUNCTION,
           ANCHAL,KOLLAM DISTRICT,
           REPRESENTED BY ITS BRANCH MANAGER, PIN - 691306


           BY ADV DEEPAK JOY.K.

     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY
HEARD ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (DRT) NO. 153 OF 2024

                                   2


                                                           2024:KER:66694



                              JUDGMENT

1. The petitioners have not appeared in this matter to

press this writ petition. It appears that the petitioners have lost

interest in the subject matter of the original petition. In view thereof,

this original petition is dismissed for non-prosecution.

2. Interim order, if any, stands vacated.

Sd/-

DINESH KUMAR SINGH JUDGE SMA OP (DRT) NO. 153 OF 2024

2024:KER:66694

APPENDIX OF OP (DRT) 153/2024

PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF ENROLMENT BEARING ROLL NO.K/383/06 ISSUED FROM THE BAR COUNCIL OF KERALA, TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 23.8.2023 IN W.P.(C) NO.28016/2023 OF THE HON’BLE HIGH COURT OF KERALA

Exhibit P3 TRUE COPY OF THE S.A. NO.193/2024 ON THE FILE OF DEBTS RECOVERY TRIBUNAL (KERALA AND LAKSHADWEEP) AT ERNAKULAM DATED NIL WITHOUT ANNEXURES

Exhibit P4 TRUE COPY OF THE STATEMENT OF ACCOUNTS FOR THE PERIOD FROM 23.9.2023 TO 31.3.2024 (ACC NO.14890610067604) ISSUED BY THE RESPONDENT BANK TO THE 1ST PETITIONER

Exhibit P5 TRUE COPY OF THE ORDER IN I.A. NO.1008/2024 IN S.A. NO.193/2024 DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE DEBTS RECOVERY TRIBUNAL (KERALA AND LAKSHADWEEP) AT ERNAKULAM

Exhibit P6 TRUE COPY OF THE NOTICE ISSUED BY THE SOUMYA.G., ADVOCATE COMMISSIONER APPOINTED BY THE HON’BLE CHIEF JUDICIAL MAGISTRATE, KOLLAM IN M.C. NO.39/2024 DATED 16.3.2024 TO THE PETITIONERS

Exhibit P7 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 20.12.2023 ISSUED TO THE 1ST PETITIONER BY DR. ASNA PONNORAMCHALIL, MBBS, KRIPA MARIYA DIAGNOSTIC CENTRE

Exhibit R1(a) True copy of the Order dated 19.02.2024 in W.P.(C)No.28016/2023 of this Honourable Court

Exhibit R1(b) True copy of the case status taken print out High Court’s site evidencing the dismissal of I.A.No.2/2024 in W.P. OP (DRT) NO. 153 OF 2024

2024:KER:66694

Exhibit R1(c) True copy of the proceedings in S.A.No.193/2024 taken print out from the official website of DRT-II