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2026 Supreme(Online)(Ker) 20797
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SIVAKUMAR P – Appellant
Versus
ICICI BANK LTD – Respondent
OP (DRT) NO. 37 OF 2026 | IA 3913/2025 IN SA NO.710 OF 2025
Advocates:
For the Appellants/Petitioners: SHRI.E.A.BIJUMON, SHRI.SREEHARI V.
For the Respondents: ADV.SHRI. LAL K JOSEPH, SC
For the Appellants/Petitioners: SHRI.E.A.BIJUMON, SHRI.SREEHARI V.
For the Respondents: ADV.SHRI. LAL K JOSEPH, SC
The court allows a petition to be closed without prejudice, preserving the petitioner's rights in ongoing proceedings before a Debt Recovery Tribunal.
Headnote:Statute Analysis: Under the provisions governing Debt Recovery Tribunals, the petitioner sought relief in OP (DRT) NO. 37 OF 2026 relevant to S.A. No.710 of 2025. Facts of the Case: The petitioner, SIVAKUMAR P, moved the court to close the petition without prejudice to pursuing ongoing proceedings.
Findings of Court:
The court found merit in the counsel's submission to close the petition.
Issues: The court considered whether the petition could be closed while allowing the petitioner to continue with the pending S.A.
Ratio Decidendi: It was reasoned that closing the original petition did not affect the rights of the petitioner in ongoing proceedings.
Result: This original petition is closed, without prejudice to the contentions and right of the petitioner to pursue S.A.No.710/2025 pending before the Debts Recovery Tribunal-I, Ernakulam.
JUDGMENT
Dated this the 19th day of March, 2026 The learned counsel for the petitioner submitted that, this original petition can be closed, without prejudice to the contentions and right of the petitioner to pursue S.A. No.710/2025, pending before the Debts Recovery Tribunal-I, Ernakulam.
In the light of the afore submission, this original petition is closed, without prejudice to the contentions and right of the petitioner to pursue S.A.No.710/2025 pending before the Debts Recovery Tribunal-I, Ernakulam.
