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2026 Supreme(Online)(Ker) 13571

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PRASANNAKUMAR – Appellant
Versus
HDFC BANK LTD. – Respondent
OP (DRT) NO. 41 OF 2021

Advocates:
For the Appellants/Petitioners: SHRI.ARUN SAMUEL, SRI.N.L.BITTO
For the Respondents: SRI.K.K.CHANDRAN PILLAI (SR.), SMT.S.AMBILY, SHRI.MICKY THOMAS

The dismissal of an application for relief becomes valid when the circumstances render the relief sought practically irrelevant.

Headnote:The judgment pertains to the dismissal of OP (DRT) No. 41 of 2021 on grounds of the relief sought being infructuous due to the respondent having already taken physical possession of the secured asset in question. The court noted that since possession had been taken, further steps as per Ext.P2 and P3 notices were no longer applicable. The court concluded that the prayers had become practically infructuous.

JUDGMENT

(Dated this the 24^th day of February, 2026)

The learned Counsel for the respondent submits that, the physical possession of the secured asset has already been taken by the Bank. The relief sought was not to proceed any further steps, pursuant to Ext.P2 and P3 notices. Ext.P2 and P3 are the notices issued for taking physical possession. Since possession has already been taken, the prayers have become practically infructuous.

In view of the above submission, the O.P (DRT) is dismissed as infructuous.

Sd/-

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2026 Supreme(Online)(Ker) 13571

IN THE HIGH COURT OF KERALA AT ERNAKULAMBASANT BALAJI, JPRASANNAKUMAR – AppellantVersusHDFC BANK LTD. – RespondentOP (DRT) NO. 41 OF 2021

The dismissal of an application for relief becomes valid when the circumstances render the relief sought practically irrelevant.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PRASANNAKUMAR – Appellant
Versus
HDFC BANK LTD. – Respondent
OP (DRT) NO. 41 OF 2021