IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 25^TH DAY OF MAY 2023 / 4TH JYAISHTA, 1945 OP (DRT) NO. 122 OF 2023 AGAINST THE JUDGMENT IN SA 77/2023 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM PETITIONERS:

1 M/S. SARK SPICE PRODUCE PVT.LTD REPRESENTED BY ITS CHARIMAN AND MANAGING DIRECTOR, ABRAHAM T.KURUVILLA, ALIAS T.A KURUVILA AGED 70 YEARS, SON OF THE LATE T.C ABRAHAM TAK INDUSTRIAL COMPLEX, EARA NORTH NEELAMPEROOR, ALAPPUZHA, PIN – 686534

2 ABRAHAM T.KURUVILLA, ALIAS T.A KURUVILA AGED 70 YEARS, SON OF THE LATE T.C ABRAHAM, CHAIRMAN AND MANAGING DIRECTOR, SARK SPICE PRODUCE PVT. LTD.

THURUTHITHARA HOUSE, EARA NORTH P.O., NEELAMPEROOR, ALAPPUZHA KERALA, PIN – 686534

3 M/S. KALPAKA PROCESSING COMPANY REPRESENTED BY SOLE PROPRIETOR ABRAHAM T.KURUVILLA, ALIAS T.A KURUVILA, AGED 70 YEARS, SON OF THE LATE T.C ABRAHAM, THURUTHITHARA HOUSE, EARA NORTH P.O., NEELAMPEROOR, ALAPPUZHA KERALA, PIN – 686534

4 M/S. KSV EXPORTERS PVT LTD.

REPRESENTED BY ITS DIRECTOR ABRAHAM T.KURUVILLA, ALIAS T.A KURUVILA, AGED 70 YEARS, SON OF THE LATE T.C.ABRAHAM, TAK INDUSTRIAL COMPLEX, EARA NORTH, NEELAMPEROOR, ALAPPUZHA KERALA, PIN - 686534 BY ADVS.

M.RISHIKESH SHENOY ANIL XAVIER N.K.SUBRAMANIAN ATHIRA LEKSHMI J.

RESPONDENTS:

1 THE CHIEF MANAGER / AUTHORISED OFFICER, THE SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE, REGENCY SQUARE, K.K ROAD, COLLECTORATE P.O., KOTTAYAM KERALA, PIN - 686002

2 THE BRANCH MANAGER, THE SOUTH INDIAN BANK LIMITED, WARD NO.II/134C, KUNNUTHARAYIL ARCADE, M.C ROAD, CHINGAVANAM P.O., KOTTAYAM KERALA, PIN - 686531 BY ADVS.

SUNIL SHANKAR A., SC VIDYA GANGADHARAN(K/000424/2020)

SANDHRA.S(K/001610/2021)

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 25.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

N.NAGARESH, J.

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O.P. (DRT) No.122 of 2023 -------------------------------------------------

Dated this the 25^th day of May, 2023

JUDGMENT

After arguing the matter for considerable time, the counsel for the petitioners seek to withdraw the O.P. (DRT) so as to approach the Debts Recovery Appellate Tribunal for relief in the matter.

The O.P. (DRT) is accordingly dismissed permitting the petitioners to approach the Debts Recovery Appellate Tribunal challenging the impugned order. Any proceedings pursuant to Ext.P4 shall be kept in abeyance for a period of ten days so as to enable the petitioners to approach the appellate forum.

Sd/-

N.NAGARESH JUDGE .

sss APPENDIX OF OP (DRT) 122/2023 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE S.A NO.77/2023 ALONG WITH ANNEXURE A1 TO A9 A FILED BY THE PETITIONERS BEFORE THE DEBT RECOVERY TRIBUNAL-2, ERNAKULAM.

EXHIBIT P2 TRUE COPY OF IA NO.464/2023 IN SA NO.77 OF 2023 FILED BY THE PETITIONERS.

EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN IA NO.464/2023 IN SA NO.77 OF 2023 BEFORE THE TRIBUNAL DRT-2, ERNAKULAM.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 02-03-

2023 OF THE DEBT RECOVERY TRIBUNAL-2 IN IA NO.464/2023 IN SA NO.77 OF 2023.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE RESERVE BANK OF INDIA GUIDELINES DATED

01-11-2021.

EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE JOINT MEETING CONDUCTED ON 02-03-2023 BY THE DISTRICT INDUSTRIES OFFICER, AT ALAPPUZHA CENTRE BY ONLINE.

EXHIBIT P7 TRUE COPY OF THE LETTER SEND BY THE DISTRICT INDUSTRIES CENTRE, ALAPPUZHA DATED 09-03-2023.

EXHIBIT P8 THE TRUE COPY OF THE DEPOSIT /PAY IN SLIP EVIDENCING THE ABOVE MENTIONED PAYMENT DATED 05-04-2023.

EXHIBIT P9 THE TRUE COPY OF THE DEPOSIT /PAY IN SLIP EVIDENCING THE ABOVE MENTIONED PAYMENT DATED 15-05-2023.

EXHIBIT P10 THE TRUE COPY OF THE DEPOSIT /PAY IN SLIP EVIDENCING THE ABOVE MENTIONED PAYMENT DATED 15-05-2023.