Friends Logistics vs Authorized Officer & Asst. Vice President,

Type Court Judgment Court Kerala Decided Nov 08, 2022

~3 min read

https://sooperkanoon.com/case/1443592

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1443592
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Nov 08, 2022
Case Number: OP (DRT)/37/2022

Parties & Advocates

Appellant / Petitioner

Friends Logistics

Respondent

Authorized Officer & Asst. Vice President,

Excerpt

.....has now commenced, nothing further survives for adjudication. this original petition is accordingly closed. sd/- gopinath p. judge rmv appendix of op (drt) 37/2022 petitioner exhibits exhibit p1 true copy of notice dated 11.1.2019 issued by 2nd respondent bank to smt. rajula. exhibit p2 true copy of notice dated 22.1.2019 issued by advocate r.hemalatha, alappuzha. exhibit p3 true copy of discharge summary dated 2.2.2019 issued by the lakeshore hospital, ernakulam. exhibit p4 true copy of ots letter dated 14.2.2019 submitted by the 2nd petitioner. exhibit p5 true copy of demand notice dated 5.10.2019 under section 13(2) of sarfaesi act. exhibit p6 true copy of possession notice dated 19.3.2020 under section 13(4) of the sarfaesi act affixed in the property of 2nd petitioner and smt.rajula. exhibit p7 true copy of s.a.no.191/2020 (without annexures) on the file of drt-ii, ernakulam. exhibit p8 true copy of notice dated 5.1.2022 issued by the advocate commissioner in m.c.no.306/2021 on the file of hon'ble cjm court, alappuzha. exhibit p9 true copy of section 14 application in alappuzha filed by the advocate for 2nd respondent. exhibit p10 true copy of affidavit in m.c.no.306/2021 on the file of hon'ble cjm court, alappuzha filed by the 1st respondent. exhibit p11 true copy of order dated 10.12.2021 in alappuzha. exhibit p12 true copy of amendment petition filed as i.a.filed with i.d.no.479/2022 dated 12.1.2022 on the file of drt-ii, ernakulam. exhibit p13 true copy of stay petition filed as i.a. filed with i.d.no.480/2022 dated 12.1.2022 on the file of drt- ii, ernakulam. true copy p.a.to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944 OP (DRT) NO. 37 OF 2022 AGAINST THE ORDER/JUDGMENTSA 191/2020 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONERS/APPELLANTS: 1 FRIENDS LOGISTICS YETHIRB, P.B.NO.124, ALAPPUZHA-688001, REPRESENTED BY ITS MANAGING PARTNER SALEEM B.M. 2 SALEEM B.M., AGED 63 YEARS S/O. K.M.BAVAKUTY, YETHIRB, ALISSERY, ALAPPUZHA-688001. P.SHRIHARI MARY NITHIYA K.J RESPONDENTS/DEFENDANTS:

1 AUTHORIZED OFFICER & ASST. VICE PRESIDENT, FEDERAL BNK LTD. , LCRD-MAVELIKKARA DIVISION, FIRST FLOOR, PADINJARETHALACKAL CHERIAN CHAMBERS, PUTHIYAKAVU, MAVELIKKARA, ALAPPUZHA-690101. 2 FEDERAL BANK LTD., MULLACKAL BRANCH, ALAPPUZHA-688011, REPRESENTED BY ITS BRANCH MANAGER. P.PAULOCHAN ANTONY P V. SHRAVAN(K/1884/2020)

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 08.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 8th day of November, 2022 This Original Petition was filed at a time when there was no regular sitting before the Debts Recovery Tribunal. Since it is reported that regular sitting has now commenced, nothing further survives for adjudication. This Original Petition is accordingly closed. Sd/- GOPINATH P. JUDGE RMV APPENDIX OF OP (DRT) 37/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE DATED 11.1.2019 ISSUED BY 2ND RESPONDENT BANK TO SMT. RAJULA. Exhibit P2 TRUE COPY OF NOTICE DATED 22.1.2019 ISSUED BY ADVOCATE R.HEMALATHA, ALAPPUZHA. Exhibit P3 TRUE COPY OF DISCHARGE SUMMARY DATED 2.2.2019 ISSUED BY THE LAKESHORE HOSPITAL, ERNAKULAM. Exhibit P4 TRUE COPY OF OTS LETTER DATED 14.2.2019 SUBMITTED BY THE 2ND PETITIONER. Exhibit P5 TRUE COPY OF DEMAND NOTICE DATED 5.10.2019 UNDER SECTION 13(2) OF SARFAESI ACT. Exhibit P6 TRUE COPY OF POSSESSION NOTICE DATED 19.3.2020 UNDER SECTION 13(4) OF THE SARFAESI ACT AFFIXED IN THE PROPERTY OF 2ND PETITIONER AND SMT.RAJULA. Exhibit P7 TRUE COPY OF S.A.NO.191/2020 (WITHOUT ANNEXURES) ON THE FILE OF DRT-II, ERNAKULAM. Exhibit P8 TRUE COPY OF NOTICE DATED 5.1.2022 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C.NO.306/2021 ON THE FILE OF HON'BLE CJM COURT, ALAPPUZHA. Exhibit P9 TRUE COPY OF SECTION 14 APPLICATION IN ALAPPUZHA FILED BY THE ADVOCATE FOR 2ND RESPONDENT. Exhibit P10 TRUE COPY OF AFFIDAVIT IN M.C.NO.306/2021 ON THE FILE OF HON'BLE CJM COURT, ALAPPUZHA FILED BY THE 1ST RESPONDENT. Exhibit P11 TRUE COPY OF ORDER DATED 10.12.2021 IN ALAPPUZHA. Exhibit P12 TRUE COPY OF AMENDMENT PETITION FILED AS I.A.FILED WITH I.D.NO.479/2022 DATED 12.1.2022 ON THE FILE OF DRT-II, ERNAKULAM. Exhibit P13 TRUE COPY OF STAY PETITION FILED AS I.A. FILED WITH I.D.NO.480/2022 DATED 12.1.2022 ON THE FILE OF DRT- II, ERNAKULAM. TRUE COPY P.A.TO JUDGE

Same Court & Year Kerala · 2022 Same Parties Friends Logistics vs Authorized Officer & Asst. Vice President, Same Judge Honourable Mr. Justice Gopinath P.