Jaimon Jose vs Authorised Officer - Court Judgment

SooperKanoon Citationsooperkanoon.com/1362437
CourtKerala Orders High Court
Decided OnJun-23-2023
Case NumberOP (DRT)/37/2014
JudgeHonourable Mrs. Justice Anu Sivaraman
AppellantJaimon Jose
RespondentAuthorised Officer
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice anu sivaraman friday, the 23rd day of june 2023 / 2nd ashadha, 1945 op (drt) no. 37 of 2014 against the order/judgmentsa 324/2009 of debt recovery tribunal, ernakulam others 96/2014 of debt recovery appellate tribunal, chennai petitioner: jaimon jose s/o joseph, korattiyil house, poovarani p.o., elikulam village, kanjirappally taluk, kottayam-686 577. by advs. sri.gibi.c.george smt.latha susan cherian respondents:1 authorised officer region iii, state bank of travancore, zonal office, kottayam-686 004. 2 state bank of travancore ramapuram branch, ramapuram, kottayam district-686 591, represented by its manager. 3 p.a.prakash s/o p.n.appukuttan, vadakkedathu, ezhacherry p.o., velliappally village, ezhacherry kara, meenachil taluk, kottayam-686651. 4 mini prakash w/o prakash, vadakkedathu house, almcompu, kadanadu p.o., kottayam district-686 553this op (debt recovery tribunal) having come up for admission on 23.06.2023, the court on the same day delivered the following:anu sivaraman, j.dated this the 23rd day of june, 2023judgmentat the request of the learned counsel for the petitioner, the original petition is dismissed as not pressed. sd/- anu sivaraman judge ssk/ 23/ appendix petitioner exhibits exhibit-p1 exhibit p1: copy of the plaint in exhibit-p2 exhibit p2: copy of the commission report filed by the advocate commissioner in exhibit-p3 exhibit p3: copy of the order dated 28.2.09 passed by the sub court, pala in i.a.no.148/09 in o.s.no.28/09. exhibit-p4 exhibit p4: copy of c.m.p. no.1078/2009 filed by the first respondent before the chief judicial magistrate court, kottayam. exhibit-p5 exhibit p5: copy of the order dated 31.12.2012 passed by the debt recovery tribunal, ernakulam in s.a.no.324/09. exhibit-p6 exhibit p6: copy of memorandum of appeal (a.i.r(sa)no.96/2014) exhibit-p7 exhibit p7: copy of the order dated 20.2.2014 passed by the drat, chennai in air(sa)no.96/2014.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945 OP (DRT) NO. 37 OF 2014 AGAINST THE ORDER/JUDGMENTSA 324/2009 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM OTHERS 96/2014 OF DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI PETITIONER: JAIMON JOSE S/O JOSEPH, KORATTIYIL HOUSE, POOVARANI P.O., ELIKULAM VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM-686 577. BY ADVS. SRI.GIBI.C.GEORGE SMT.LATHA SUSAN CHERIAN RESPONDENTS:

1 AUTHORISED OFFICER REGION III, STATE BANK OF TRAVANCORE, ZONAL OFFICE, KOTTAYAM-686 004. 2 STATE BANK OF TRAVANCORE RAMAPURAM BRANCH, RAMAPURAM, KOTTAYAM DISTRICT-686 591, REPRESENTED BY ITS MANAGER. 3 P.A.PRAKASH S/O P.N.APPUKUTTAN, VADAKKEDATHU, EZHACHERRY P.O., VELLIAPPALLY VILLAGE, EZHACHERRY KARA, MEENACHIL TALUK, KOTTAYAM-686651. 4 MINI PRAKASH W/O PRAKASH, VADAKKEDATHU HOUSE, ALMCOMPU, KADANADU P.O., KOTTAYAM DISTRICT-686 553

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANU SIVARAMAN, J.

Dated this the 23rd day of June, 2023

JUDGMENT

At the request of the learned counsel for the petitioner, the original petition is dismissed as not pressed. Sd/- ANU SIVARAMAN JUDGE SSK/ 23/ APPENDIX PETITIONER EXHIBITS Exhibit-P1 EXHIBIT P1: COPY OF THE PLAINT IN Exhibit-P2 EXHIBIT P2: COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER IN Exhibit-P3 EXHIBIT P3: COPY OF THE ORDER DATED 28.2.09 PASSED BY THE SUB COURT, PALA IN I.A.NO.148/09 IN O.S.NO.28/09. Exhibit-P4 EXHIBIT P4: COPY OF C.M.P. NO.1078/2009 FILED BY THE FIRST RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM. Exhibit-P5 EXHIBIT P5: COPY OF THE ORDER DATED 31.12.2012 PASSED BY THE DEBT RECOVERY TRIBUNAL, ERNAKULAM IN S.A.NO.324/09. Exhibit-P6 EXHIBIT P6: COPY OF MEMORANDUM OF APPEAL (A.I.R(SA)NO.96/2014) Exhibit-P7 EXHIBIT P7: COPY OF THE ORDER DATED 20.2.2014 PASSED BY THE DRAT, CHENNAI IN AIR(SA)NO.96/2014.