IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 OP (DRT).No. 3978 of 2011(O) ---------------------------- SA.272/2011 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................................................. PETITIONERS: --------------------- 1. M/S.KAIKARA CONSTRUCTION COMPANY, A PARTNERSHIP FIRM,REPRESENTED BY ITS MANAGING PARTNER,A.ABDUL SALAM,KAITHAVARAM BUNGALOW,KANKATHUMUKKU,KOLLAM. 2. A.ABDUL SALAM,KAITHAVARAM BUNGALOW, KANKATHUMUKKU,KOLLAM. 3. JUVAIRY SALAM,KAIKKARA BUNGLOW, HOUSE NO.S.320,SREEPURAM LANE,POOJAPPURA, THIRUVANANTHAPURAM. BY ADVS. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR SMT.BABITHA THAMBI RESPONDENTS --------------------- 1. SOUTH INDIAN BANK,REPRESENTED BY ITS CHIEF GENERAL MANAGER,SOUTH INDIAN BANK,SIB HOUSE, TB ROAD, THRISSUR-1. 2. CHIEF MANAGER,SOUTH INDIAN BANK, BISHOP JEROME NAGAR,CHINNAKADA,KOLLAM 691 001. 3. AUTHORISED OFFICER,SOUTH INDIAN BANK, REGIONAL OFFICE, HOTEL SAFA INTERNATIONAL BUILDING,MALAYALA MANORAMA ROAD, THIRUVANANTHAPURAM 695 001. 4. M/S.PRASANTHI CASHEW PRIVATE LTD.,NO.21, PRASANTHI NAGAR,MANGAD, KOLLAM 691 015. 5. V.R.SINDHU,ADVOCATE COMMISSIONER, ADVOCATE, KOLLAM 691 001. R1 TO R3 BY ADV. GEORGE VARGHESE R4 & R5 BY ADV. JAIJU BABU THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPDRT NO. 3978 OF 2011 APPENDIX PETITIONERS' EXHIBITS : EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT DATED 18//7/2008 EXHIBIT P2 TRUE COPY OF THE SALE NOTICE PUBLISHED BY THE THIRD RESPONDENT DATED 2/7/2011 EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE DEBTS RECOVERY TRIBUNAL,ERNAKULAM IN IA NO.1735/2011 IN SA NO.272/2011 DATED 17/8/2011 EXHIBIT P4 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS BEFORE THE APPELLATE TRIBUNAL FOR WAIVER OF PRE-DEPOSIT AS IA NO.1106/2011 IN AIR (SA) NO.740/2011 DATED 14/9/2011 EXHIBIT P4(A)TRUE COY OF THE APPLICATION FILED BY THE PETITIONERS BEFORE THE APPELLATE TRIBUNAL FOR STAY OF FURTHER PROCEEDINGS PENDING DISPOSAL OF THE APPLICATION FOR WAIVER OF PRE-DEPOSIT DATED 14/9/2011 EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS BEFORE THE APPELLATE TRIBUNAL FOR STAY IN IA NO.1109/2011 IN AIR (SA) NO.740/2011 DATED 14/9/2011 EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE APPELLATE TRIBUNAL IN IA NO.1106/2011 IN AIR (SA) NO.740/2011 DATED 11/10/2011 EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. (DRT)NO.3472/2011 AND OP(DRT) NO.3545/2011 DATED 25/11/2011 EXHIBIT P8 TRUE COPY OF IA NO.1495/2011 IN AIR (SA)NO.740/2011 BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL DATED 5/12/2011 EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 1/12/2011 RESPONDENTS' EXHIBITS : NIL \\TRUE COPY P.A. TO JUDGE JM S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. (DRT) No.3978 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2011 J U D G M E N T The counsel for the petitioners submits that, since orders have been passed by the Debts Recovery Appellate Tribunal, Chennai, the petitioners do not wish to prosecute the O.P. (DRT). Accordingly the same is closed without prejudice to the right of the petitioners to prosecute the appeal before the Debts Recovery Appellate Tribunal, Chennai. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/