OP (DRT)/562/2023 of SHINE P JACOB, Vs THE DEBT RECOVERY TRIBUNAL –II ,ERNAKULAM, on 29 December 2023

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE G.GIRISH

FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945OP (DRT) NO. 562 OF 2023

AGAINST THE ORDER/JUDGMENT SA 49/2022 OF DEBT RECOVERY

TRIBUNAL- 2, ERNAKULAM

PETITIONERS/APPLICANT:

SHINE P JACOB,

AGED 52 YEARS, S/O P.M JACOB,

POOVANNUMMOOTTIL HOUSE, T B JUNCTION,

PUNALUR P.O, KOLLAM, PIN - 691305

BY ADVS.ALEXANDER JOSEPHAKHILASREE BHASKARANANTONY NIKHIL REMELO

RESPONDENTS / DEFENDANTS:

1THE DEBT RECOVERY TRIBUNAL -II ,ERNAKULAM, REPRESENTED BY ITS REGISTRAR, KSHB, PANAMPILLY

NAGAR, ERNAKULAM DISTRICT, PIN - 682036

2THE AUTHORISED OFFICER/CHIEF MANAGER,THE SOUTH INDIAN BANK, REGIONAL OFFICE, YWCA BUILDING MG ROAD, STATUE, THIRUVANATHAPURAM, PIN - 695014THE SOUTH INDIAN BANK, REGIONAL OFFICE, YWCA BUILDING MG ROAD, STATUE, THIRUVANATHAPURAM, PIN - 695014

3THE BRANCH MANAGER,THE SOUTH INDIAN BANK, PATHANAPURAM BRANCH, THE SOUTH INDIAN BANK, PATHANAPURAM BRANCH, PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695

4THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI,REPRESENTED BY ITS REGISTRAR, DEBT RECOVERY REPRESENTED BY ITS REGISTRAR, DEBT RECOVERY

APPELLATE TRIBUNAL, DRAT, SHASTRI BHAVAN, 7TH FLOOR, ADDITIONAL, HADDOWS ROADD, CHENNAI, PIN - 6000067TH FLOOR, ADDITIONAL, HADDOWS ROADD, CHENNAI, PIN - 600006

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR

ADMISSION ON 29.12.2023, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:

G. GIRISH, J.

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OP(DRT) No.562 of 2023--------------------------------------- Dated this the 29[th ]day of December, 2023JUDGMENT

The learned counsel appearing for thepetitioner submitted that there is no need toproceed with this OP(DRT), since the matter hasbecome infructuous. It is submitted by thelearned counsel appearing for the respondentNos.2 to 4 that the sale did not materialize forwant of bidders.

Having regard to the above submissions atthe bar, the further proceedings in this OP(DRT)stand closed. Sd/- nvj

G. GIRISH

JUDGE

APPENDIX OF OP (DRT) 562/2023

PETITIONER EXHIBITS

TRUE COPY OF THE AMENDMENT PETITION(IA NO 3891/2023) IN SA NO 49/2022)(EXCLUDING ANNEXURES) FILED BEFORETHE 1ST RESPONDENT TRIBUNAL

EXHIBIT P8

TRUE COPY OF THE STAY PETITION (IANO 3888/2023 IN SA NO 49/2022)FILED BEFORE THE 1ST RESPONDENT

OP(DRT) NO.562 OF 2023

TRIBUNAL

EXHIBIT P9TRUE COPY OF THE ADVANCE PETITION(IA NO 3887 /2023 IN SA NO 49/2022)FILED BEFORE THE 1ST RESPONDENTTRIBUNAL(IA NO 3887 /2023 IN SA NO 49/2022)FILED BEFORE THE 1ST RESPONDENTTRIBUNAL

EXHIBIT P10TRUE COPY OF THE PROCEEDINGS OF THE1ST RESPONDENT TRIBUNAL DOWNLOADEDFROM ITS WEBSITE1ST RESPONDENT TRIBUNAL DOWNLOADEDFROM ITS WEBSITE

EXHIBIT P11TRUE COPY OF THE JUDGMENT DATED08/12/2023 IN OP(DRT) NO 522/2023OF THIS HON'BLE COURT08/12/2023 IN OP(DRT) NO 522/2023OF THIS HON'BLE COURT

EXHIBIT P12TRUE COPY OF THE IA NO 3992/2023 INSA NO 49/2022 OF THE 1ST RESPONDENTTRIBUNALSA NO 49/2022 OF THE 1ST RESPONDENTTRIBUNAL

EXHIBIT P13TRUE COPY OF THE COUNTER AFFIDAVITDATED 18/12/2023 OF THE 1STRESPONDENT IN IA NO 3888/2023 IN SANO 49/2022 WITH DOCUMENTSDATED 18/12/2023 OF THE 1STRESPONDENT IN IA NO 3888/2023 IN SANO 49/2022 WITH DOCUMENTS

EXHIBIT P14TRUE COPY OF THE PROCEEDING DATED20/12/2023 OF THE 1ST RESPONDENTTRIBUNAL DOWNLOADED FROM THEWEBSITE OF THE 1ST RESPONDENTTRIBUNAL20/12/2023 OF THE 1ST RESPONDENTTRIBUNAL DOWNLOADED FROM THEWEBSITE OF THE 1ST RESPONDENTTRIBUNAL

EXHIBIT P15TRUE COPY OF THE ORDER DOWNLOADEDFROM THE WEBSITE OF THE 1STRESPONDENT TRIBUNAL ON 22/12/2023FROM THE WEBSITE OF THE 1STRESPONDENT TRIBUNAL ON 22/12/2023

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

PA TO JUDGE