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2025 DAILYLAW 6172 (KER)

NITRO HOME ESSENTIALS INDIA PRIVATE LTD., v. BANK OF BARODA,

OP (DRT)/115/2025 · 2025-04-10

Gopinath P

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:31434 OP (DRT) NO. 115 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP (DRT) NO. 115 OF 2025 SA NO.168 OF 2020 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM PETITIONERS/APPLICANTS 1 TO 4 IN SA: 1 NITRO HOME ESSENTIALS INDIA PRIVATE LTD., REPRESENTED BY ITS MANAGING DIRECTOR, DOOR NO.769, PULIMOTTIL BUILDING, MANANCHERRY P.O., KALAVOOR, ALAPPUZHA DISTRICT, PIN - 688538 2 MANU MOHAN G.,AGED 33 YEARS, MANAGING DIRECTOR, NITRO HOME ESSENTIALS INDIA PRIVATE LTD., S/O. GOPALAKRISHNA PILLA, PULIMOTTIL BUILDING, MANANCHERRY P.O., KALAVOOR, ALAPPUZHA DISTRICT, PIN - 688538 3 P.RAJALEKSHMI, AGED 57 YEARS W/O GOPALAKRISHNA PILLA, PULIMOTTIL BUILDING, MANANCHERRY P.O,KALAVOOR, ALAPPUZHA DISTRICT, PIN - 688538 4 GOPALAKRISHNA PILLAI, AGED 62 YEARS S/O. BHASKARA PANICKER, PULIMOTTIL BUILDING, MANANCHERRY P.O., KALAVOOR, ALAPPUZHA DISTRICT, PIN - 688538 BY ADVS. K.SANEESH KUMAR V.B.SANTHINI 2025:KER:31434 OP (DRT) NO. 115 OF 2025 2 RESPONDENTS/DEFENDANTS 1 TO 4 IN SA: 1 BANK OF BARODA,REPRESENTED BY ITS AUTHORISED OFFICER, ROSARB, PALLIMUKKU, M.G. ROAD, ERNAKULAM DISTRICT, PIN - 680216 2 BANK OF BARODA, REPRESENTED BY ITS CHIEF MANAGER, ALAPPUZHA BRANCH, J & J AVENUE, MULLACKAL, VCSB ROAD, NEAR YMCA, ALAPPUZHA DISTRICT, PIN - 688011 3 ABDUL KHADER.M, S/O MUHAMMED KUNJU, SPRING VILLA, MANNANCHERY P.O,ALAPPUZHA DISTRICT, PIN - 688538 4 MUHAMMED ASHARF, PARTNER, RAJ TRADERS, S/O. MUHAMMED SHERIEF, VADAKKETHIYASSERY HOUSE, MANNANCHERY P.O., ALAPPUZHA DISTRICT, PIN - 688538 SRI. K.M.ANEESH, SC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31434 OP (DRT) NO. 115 OF 2025 3 JUDGMENT This Original Petition has been filed seeking the following reliefs:- ‘’(a). (a). Issue Order directing the DRT-2, Ernakulam to hear and dispose of Exhibit Pl in a time bound manner; (b). Issue such other Order or Direction to DRT-2, Ernakulam, to maintain status quo in respect of the properties or not to demolish the residential buildings which are impugned in the Exhibit P1 till a final adjudication is made in Exhibit P1 Securitization Application’ 2. A report dated 01.04.2025 has been placed by the Debts Recovery Tribunal-2, Ernakulam stating that S.A. No.168 of 2020 will be finally disposed of within a period of two months from 04.04.2025. Taking the above report into consideration, the Original Petition is disposed of, directing that S.A. No.168 of 2020 shall be finally disposed of within a period of six weeks from 04.04.2025. Sd/- GOPINATH P. JUDGE ajt 2025:KER:31434 OP (DRT) NO. 115 OF 2025 4 APPENDIX OF OP (DRT) 115/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE S.A.168/2020 FILED ON 17/03/2020 BY THE PETITIONERS BEFORE THE DRT- 2, ERNAKULAM ALONG WITH THE ANNEXURES