IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 6^TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946 OP (DRT) NO. 81 OF 2016 AGAINST THE ORDER/JUDGMENT DATED IN SA NO.28 OF 2016 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER:

CHOLAYAIL HUSSAIN AGED 53 YEARS A/O.KOYA, KURUKOL HOUSE, CHERIYAMUNDAM P.O., MALAPPURAM DISTRICT.

BY ADV SRI.R.RANJITH (MANJERI)

RESPONDENT:

THE MALAPPURAM DISTRICT CO OPERATIVE BANK LTD MALAPPURAM, REPRESENTED BY ITS GENERAL MANAGER (AUTHORISED OFFICER) HEAD OFFICE, UPHILL, MALAPPURAM, PIN: 676 505.

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 06.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This Writ Petition was filed in the year 2016 seeking the following reliefs:

“i) Direct the respondent bank to restrain from effecting the dispossession of the secured asset pursuant to Ext.P2 notice until DRT-II, Ernakulam consider and pass final orders on maintainability of SA No.28/2016.

ii) Direct the Debts Recovery Tribunal Ernakulam-II to pass orders on maintainability of SA No.28/2016 expeditiously within a stipulated time period.

iii) Direct the Debts Recovery Tribunal Ernuakulam-II to consider and pass orders in IA No.174/2016 in SA No.28/2016 expeditiously.

iv) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. When this matter is taken up for consideration today, there is no representation for the petitioner. Considering the releifs sought for in this Original Petition, it is most likely that the Original Petition has become infructuous.

This Original Petition will therefore stand dismissed as infructuous.

SD/-

GOPINATH P.

JUDGE Nsd APPENDIX OF OP (DRT) 81/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE C.M.P NO.1452/2015 FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT, MANJERI, U/S 14(1) OF THE SARFAESI ACT EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED IN CMP NO.1452/2015 BEFORE THE CJM, MANJERI EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF SECURITATION APPLICATION NO. 28/2016 ALONG WITH I.A NO.174/2016 SEEKING STAY ON PROCEEDINGS, FILED THE DRT-II, ERNAKULAM.