Kerala High Court

OP (DRT)/112/2025 of C.D. ANTOS, Vs AUTHORIZED OFFICER, CANARA BANK, on 10 April 2025

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OP (DRT) NO. 112 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP (DRT) NO. 112 OF 2025 IN SA NO.117 OF 2021 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM PETITIONER/ADDITIONAL 2ND

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947

OP (DRT) NO. 112 OF 2025

IN SA NO.117 OF 2021 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM

PETITIONER/ADDITIONAL 2ND DEFENDANT:

C.D. ANTOS,AGED 50 YEARS

S/O. C.A. DEVASY, CHITTILAPPALLY KUNNATH HOUSE, WESTERN BAZAR, ARANATTUKARA P.O., THRISSUR, PIN - 680618

BY ADVS.

S.S.ARAVIND

TINU ABRAHAM

RESPONDENTS/

DEFENDANT NO.1 AND APPLICANTS

:

AUTHORIZED OFFICER, CANARA BANK,

SREEKRISHNA BUILDING,1ST FLOOR, WEST PALACE ROAD, THRISSUR, PIN - 680022

GLENNY, AGED 57 YEARS, S/O. CHEMMANNUR JOSEPH, ORLARIKKARA, ARANATTUKARA VILLAGE, THRISSUR, PIN-680003

JAYA JOSE, AGED 47 YEARS, W/O. GLENNY C.J., ORLARIKKARA, ARANATTUKARA VILLAGE, THRISSUR, PIN-680003

SRI. M.GOPIKRISHNAN NAMBIAR, SC

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION

ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

This Original Petition has been filed seeking the following reliefs:- ‘’(i) to issue an appropriate order or direction to the Debt Recovery Tribunal-2, Ernakulam, to dispose of Exhibit P1 SA No. 117 of 2021 and issue final orders within a time-bound manner with due regard to the Section 17(5) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002, in the interest of justice; and

(ii) to pass any such or further orders as the petitioner may seek and this Hon’ble Court deem fit to grant. ‘’

2. A report dated 26.03.2025 has been placed by the Debts Recovery Tribunal-2, Ernakulam stating that S.A. No.117 of 2021 will be finally disposed of within one month from 04.04.2025.

Taking the above report into consideration, the Original Petition is disposed of, directing that S.A. No.117 of 2021 shall be finally disposed of within a period of six weeks from 04.04.2025. Sd/- GOPINATH P. JUDGE ajt

APPENDIX OF OP (DRT) 112/2025 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF SA NO.117 OF 2021 FILED BEFORE THE DEBT RECOVERY TRIBUNAL-2, ERNAKULAM DATED 22-3-2021 WITHOUT ANNEXURES Exhibit -P1(a) TRUE COPY OF I.A NO. 3848/2024 IN S.A. NO. 117/2021 FILED ON 9-10-2024 BEFORE DEBT RECOVERY TRIBUNAL-2, ERNAKULAM TO IMPLEAD THE PETITIONER Exhibit-P2 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER IN SA NO.117/2021 DATED 3-11-2024 Exhibit -P3 TRUE COPY OF THE SALE CONFIRMATION LETTER DATED 23/09/2024 ISSUED BY THE 1ST RESPONDENT Exhibit -P4 TRUE COPY OF THE PROCEEDINGS IN SA NO.117 OF 2021 FILED BEFORE THE DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM

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