High CourtsSingle Bench(2022) 05 KL CK 0056

Anil Kumar V vs Bank Of Baroda Vallakadavu Branch

High Court Of Kerala · Decided on 17 May 2022

HON’BLE JUDGES
A. Badharudeen, J
RESULT
Dismissed
CASE NUMBER
Original Petition (DRT) No. 326 Of 2021

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Judgment

9 paragraphs · 296 words

A. Badharudeen, J

1.

This original petition has been filed challenging Ext.P6 notice issued by the Advocate Commissioner on the basis of Exts.P3, P4 and P5 applications pending before the Debts Recovery Tribunal-II, Ernakulam.

2.

Heard both sides.

3.

In fact, this original petition happened to be filed before this Court, since there was no sitting before the Debts Recovery Tribunal-II, Ernakulam to grant urgent reliefs. This Court passed stay of further proceedings on condition to deposit Rs.1 lakh on or before 31.12.2021 as per order dated 16.12.2021. It is submitted by the learned counsel for the petitioner that in obedience of the order, the said amount was deposited. Accordingly, the stay also has been extended.

4.

It is submitted by the learned counsel for the respondent, who represents Bank of Baroda, that now Debts Recovery Tribunal has been sitting and the petitioner had already approached the Tribunal to address his grievance. In view of the matter, this original petition is practically infructuous. Hence, he sought dismissal of the same.

5.

The learned counsel for the petitioner also conceded that now the petitioner had approached the Debts Recovery Tribunal and the petitioner could very well address his grievance before the said Tribunal.

6.

In view of the factual scenario as espoused, there is no reason to retain this original petition before this Court further, since the grievance of the petitioner can be addressed before the appropriate forum.

In view of the matter, this original petition stands dismissed.

It is made clear that the interim order shall be in operation for a period of two weeks from today with liberty to the petitioner to appraise his grievance and seeks for stay, if any, before the appropriate forum. The interim stay shall not be available after two weeks.