Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 19TH DAY OF OCTOBER 2022 / 27TH ASWINA, 1944 OP (DRT) NO. 403 OF 2022 AGAINST THE ORDER/JUDGMENTSA 13597/2022 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER/S:
1 G.MURUGIAH, AGED 54 YEARS S/O.GANESAN,RESIDING AT 8, DEVI GARDEN EXTENSION,PALLADAM ROAD, POLLACHI, COIMBATORE,TAMIL NADU-642001.REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER MR.SENTHILKUMAR, S/O.BALASUBRAMANIAN, AGED 41 YEARS, RESIDING AT PLOT NO.C4, SASTHA COMPLEX, NO.32, MELA METTU STREET, KGK STREET, KUMBAKONAM, THANJAVUR., PIN - 642001 2 G. SELVAMURUGAN AGED 51 YEARS 1/1, P.K.R LAYOUT, PALLADAM ROAD,POLLACHI, COIMBATORE,TAMIL NADU- 642002 REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER MR.SENTHILKUMAR, S/O.BALASUBRAMANIAN, AGED 41 YEARS, RESIDING AT PLOT NO.C4, SASTHA COMPLEX, NO.32, MELA METTU STREET, KGK STREET, KUMBAKONAM, THANJAVUR-612001., PIN - 642002 3 G.SENTHILVEL AGED 50 YEARS S/O.GANESAN,RESIDING AT 8, DEVI GARDEN EXTENSION,PALLADAM ROAD, POLLACHI, COIMBATORE,TAMIL NADU-642001.REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER MR.SENTHILKUMAR, S/O.BALASUBRAMANIAN, AGED 41 YEARS, RESIDING AT PLOT NO.C4, SASTHA COMPLEX, NO.32, MELA METTU STREET, KGK STREET, KUMBAKONAM, THANJAVUR- 612001., PIN - 612001 4 G. SARAVANAN AGED 46 YEARS S/O.GANESAN, RESIDING AT 20-41, CHATHIRAM STREET, POLLACHI,COIMBATORE, TAMIL NADU-642001,REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER MR.SENTHILKUMAR, S/O.BALASUBRAMANIAN, AGED 41 YEARS, RESIDING AT PLOT NO.C4, SASTHA COMPLEX, NO.32, MELA METTU STREET, KGK STREET, KUMBAKONAM, THANJAVUR., PIN - 642001 BY ADVS.
KRISHNA PRASAD. S SINDHU S KAMATH SWAPNA S.K.
OP (DRT) NO. 403 OF 2022 2 RESPONDENT/S:
1 SOUTH INDIAN BANK LIMITED, MANNARKKAD BRANCH REPRESENTED BY ITS AUTHORIZED OFFICER, RO- PALAKKAD AT DOOR NO.733/ 2, FIRST FLOOR, D AND D ARCADE, CHITTUR ROAD, MANAPULLIKAVU, PALAKKAD-678013., PIN - 678013 2 MUHAMMED ALI KURUMBATHOOR KURUMBATHOOR HOUSE, KACHERIPARAMBU P.O. ALANALLUR, MANNARKKAD,PALAKKAD, PIN - 678601 BY ADVS.
SUNIL SHANKER Ambily S LAKSHMI ANIL(K/002184/2022) K.K.CHANDRAN PILLAI (SR.)(C-41) THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 19.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 403 OF 2022 3 JUDGMENT
When the Original Petition is taken up for consideration today, learned counsel appearing for the petitioners seeks permission to withdraw the Original Petition. Accordingly, the OP (DRT) is dismissed as withdrawn, leaving open all contentions of the petitioners.
The Registrar, Debts Recovery Tribunal-I, Ernakulam will ensure that the Securitisation Application filed by the petitioner is listed for consideration of the Tribunal, without undue delay.
sd/- GOPINATH P.
JUDGE ajt
OP (DRT) NO. 403 OF 2022 4 APPENDIX OF OP (DRT) 403/2022 PETITIONER EXHIBITS Exhibit P1 .A TRUE COPY OF THE DEED OF PARTNERSHIP BETWEEN THE PETITIONERS DATED 28-11-2018 Exhibit P2 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE PF THE PETITIONERS' HYPERMARKET DATED 01-02-2019 Exhibit P3 A TRUE COPY OF THE LICENCE ISSUED TO GANESH HYPERMARKET DATED 09-04-2021 BELONGS TO THE PETITIONERS Exhibit P4 A TRUE COPY OF LEASE DEED NO. 5194/I/2021 EXECUTED BETWEEN THE PETITIONERS AND THE 2ND RESPONDENT DATED 26-11-2021 Exhibit P5 A TRUE COPY OF THE ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE, PALAKKAD IN M.C.12/2022 DATED 30-07-2022 Exhibit P6 A TRUE COPY OF THE NOTICE OF THE ADVOCATE COMMISSIONER DATED 20-08-2022 Exhibit P7 A TRUE COPY OF THE SECURITISATION APPLICATION (I.D. NO. 13597) OF 2022 FILED BEFORE THE DEBT RECOVERY TRIBUNAL-I WITHOUT ANNEXURES DATED 10-10-2022 Exhibit P8 A TRUE COPY OF THE STAY PETITION, I.A.NO.
(I.D.NO.13600) OF 2022 IN SECURITISATION APPLICATION (I.D. NO. 13597) OF 2022