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2026 Supreme(Online)(Ker) 10123
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
A. SHAMSUDHEEN – Appellant
Versus
THE KERALA BANK – Respondent
OP (DRT) NO. 43 OF 2026 | SA NO.41 OF 2025
Important Points
A petitioner may withdraw their appeal when a previous order exists, leading to dismissal of the application.
Subject
Civil - Debt Recovery
Headnote
The court considered the relevant laws applicable to Debt Recovery proceedings and examined the facts surrounding the case. The petitioners indicated their decision not to proceed with the OP, acknowledging an existing order from the Debt Recovery Tribunal. The court found this submission acceptable and ruled accordingly. The key issue determined was whether to dismiss the case based on the petitioners' requests and the prior orders in place. The court effectively concluded that the OP(DRT) should be dismissed as it was not pressed.
Advocates:
For the Appellants/Petitioners: SMT.V.H.JASMINE, SMT.GILDA DAVIS, SHRI.JOHIN JOHNSON, SHRI.JIBI JOHNSON
For the Respondents: SHRI.K.S.ARUN KUMAR, S C
For the Appellants/Petitioners: SMT.V.H.JASMINE, SMT.GILDA DAVIS, SHRI.JOHIN JOHNSON, SHRI.JIBI JOHNSON
For the Respondents: SHRI.K.S.ARUN KUMAR, S C
JUDGMENT
Dated this the 30th day of January, 2026 When the matter is taken up for consideration today, the learned counsel for the petitioner submits that, since an order has already been passed by the Debt Recovery Tribunal- II, Ernakulam, the petitioner does not wish to proceed with the present OP(DRT). Accordingly, the OP(DRT) is dismissed as not pressed.
Sd/-
