Kerala High Court

OP (DRT)/77/2025 of SAJITH S., Vs VALSAKUMAR, on 1 April 2025

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 OP (DRT) NO. 77 OF 2025 SA NO.476/2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER/THIRD DEFENDANT SAJITH S., AGED 33 YEARS, DR. SAJITH SUDEVAN, PALODI HOUSE,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

OP (DRT) NO. 77 OF 2025

SA NO.476/2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM

PETITIONER/THIRD DEFENDANT

SAJITH S.,

AGED 33 YEARS,

DR. SAJITH SUDEVAN, PALODI HOUSE, THACHANGAD, MATHUR, MATHUR-II, PALAKKAD, PIN – 678571.

BY ADVS.

REHANA SHUKKUR

N.V.VINAY

RESPONDENTS/APPLICANT/1ST & 2ND DEFENDANT:

VALSAKUMAR,

AGED 50 YEARS,

S/O. KESAVAN (LATE), THEKKINPURA, MUKKAI, C.N. PURAM, PALAKKAD, PIN – 678001.

THE BRANCH MANAGER,

CANARA BANK, 7/315 (11) AND 7/315 (1IC2), VICTORIA

ARCADE 100 FEET ROAD, PALAKKAD, PIN – 678001.

THE AUTHORIZED OFFICER,

CANARA BANK LTD., PUTHUR BRANCH, PALAKKAD, PIN – 678001.

SRI. M.GOPIKRISHNAN NAMBIAR, SC

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

ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

The petitioner has approached this Court seeking early consideration of S.A.No.476/2024 pending before the Debts Recovery Tribunal – I, Ernakulam or for consideration of an Interlocutory Application filed in that Securitisation Application within a time frame to be fixed by this Court. A report was called for from the Debts Recovery Tribunal – I, Ernakulam on 04.03.2025. By report dated 15.03.2025, the Debts Recovery Tribunal – I, Ernakulam has reported that the Securitisation Application itself can be disposed of within two months since the Securitisation Application is posted for hearing on 03.04.2025. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent Bank and having considered the report dated 15.03.2025 of the Debts Recovery Tribunal – I, Ernakulam, this Original Petition will stand disposed of directing that S.A.No.476/2024 shall be disposed of within a period of three months from 03.04.2025. Sd/- GOPINATH P. JUDGE DK

APPENDIX OF OP (DRT) 77/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AUCTION SALE NOTICE DATED 22.02.2024, ISSUED BY THE 2ND RESPONDENT OFFICER. Exhibit P2 TRUE COPY OF THE LETTER OF CONFIRMATION DATED 22.04.2024, ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE SALE CERTIFICATE DATED 16.07.2024 Exhibit P4 TRUE COPY OF THE JUDGMENT DT. 20.05.2024 ISSUED IN WP(C) 10819/2024 Exhibit P5 TRUE COPY OF THE SUMMONS DT. 08.07.2024 ISSUED BY THE HONOURABLE DEBT RECOVERY TRIBUNAL-I TO THE PETITIONER AS THE 3RD DEFENDANT IN S.A NO.476/2024 Exhibit P6 TRUE COPY OF THE SANCTION MEMORANDUM DATED 24.06.2024, ISSUED BY THE RESPONDENT BANK Exhibit P7 TRUE COPY OF THE STATUS QUO ORDER DT. 05.07.2024 ISSUED BY THE HONOURABLE DEBT RECOVERY TRIBUNAL-I IN S.A NO.476/2024

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