IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 OP.No. 22035 of 2002(W) ----------------------- PETITIONERS: ------------ 1. OKAY TRANSPORT CORPORATION (REGD), FLEET OWNERS AND TRANSPORT CONTRACTORS, NEAR STONE BRIDGE, CHURCH ROAD, ALLEPPEY, KERALA, REPRESENTED BY ITS PARTNER, INDIRA SUBRAMANIAM. 2. OKAY TRANSPORT CORPORATION (REGD), BRANCH OFFICE, SHOLAPUR STREET, MUMBAI-400 009, REPRESENTED BY ITS PARTNER INDIRA SUBRAMANIAM. BY ADV. SRI.K.N.SIVASANKARAN SRI.V.V.ASOKAN SRI.SUNIL SHANKER RESPONDENTS: ------------- 1. SOUTH INDIAN BANK LTD., ALLEPPEY BRANCH, KERALA. 2. DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI. BY ADV. SRI.K.PRABHAKARAN FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 37735 OF 2002 IN OP 22035 OF 2002 DISMISSED 26.2.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. SD/-T.R. RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF JUDGMENT DATED 13.8.2001 EXT.P2 TRUE COPY OF APPEAL MEMORANDUM DATED 29.11.2001 EXT.P3 TRUE COPY OF SECTION 21 APPLICATION DATED 29.11.2001 EXT.P4 TRUE COPY OF ORDER OF 2ND RESPONDENT DATED 5.6.2002 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- O.P. No. 22035 OF 2002 -------------------------------------------- Dated this the 26th day of February, 2008 JUDGMENT C.N. Ramachandran Nair,J. O.P. is filed challenging the order of the Debt Recovery Appellate Tribunal directing payment of Rs. 6 lakhs as a condition for entertaining the appeal against DRT award. Even though stay was initially granted, the same expired later. We do not think the O.P. filed in 2002 has any relevance as of now. Accordingly O.P. is closed. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 2