Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 AGAINST THE ORDER/JUDGMENT IN MA 65/2023 OF DEBT RECOVERY TRIBUNAL- 2, ERNAKULAM PETITIONER/S: JITH K.B, AGED 53 YEARS, S/O BALAKRISHNAN, KALAPURAYIL HOUSE, KARUVANNUR, ETUMUNA, THRISSUR, PIN - 680711 BY ADVS. K.R.ARUN KRISHNAN DEEPA K.RADHAKRISHNAN JISSMON A KURIAKOSE SANAL C.S RESPONDENT/S:
1 THE AUTHORIZED OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED KOVILAKATHUMPADAM, "SAHAKARANA SATHABDI MANDIRAM TUDA ROAD, THIRUVAMBADY, THRISSUR, PIN - 680022 2 JIJU K.B, S/O BALAKRISHNAN, KALAPURAYIL HOUSE, KARUVANNUR, ETUMUNA, THRISSUR-680711, PIN - 680711 3 THANKAM K.L, W/O KUNHI BALAKRISHNAN, KALAPURAYIL HOUSE, KARUVANNUR, ETUMUNA, THRISSUR, PIN - 680711 4 LISHA M.V, W/O JITH K.B, KALAPURAYIL HOUSE, KARUVANNUR, ETUMUNA, THRISSUR, PIN - 680711 5 SAJITHA, W/O JIJU K B KALAPURAYIL HOUSE, KARUVANNUR, ETUMUNA, THRISSUR, PIN - 680711 BY ADV P.C.SASIDHARAN
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The original petition is filed to direct the Debt Recovery Tribunal II, Ernakulam (in short, 'Tribunal') to consider and dispose of Exts.P3 and P4 applications, expeditiously.
2. The petitioner's case is that aggrieved by the
securitisation proceedings that are initiated against him by the 1st respondent, he has filed SA No.485/2018 before the Tribunal. Even though the matter was heard on several occasions, the same was adjourned from time to time. Surprisingly, the application was dismissed on 21.02.2023. Now the petitioner has filed Ext.P4 application to restore the securitisation application and Ext.P3 application to condone the delay in filing Ext.P4 application. The said applications are not being considered by the Tribunal. In the meantime, the 1 st respondent is proposing to take coercive proceedings against the secured assets. Hence, the original petition.
3. Heard; Sri. K.R.Arun Krishnan, the learned
Counsel appearing for the petitioner and Sri.P.C.Sasidharan, the learned Counsel appearing for the 1st respondent. As respondents 2 to 5 are sailing with the petition, I dispense with notice to them. Having considered the pleadings and materials on
record and taking note of the fact that Exts.P3 and P4 are filed before the Tribunal and that the 1st respondent is threatening to proceed against the secured asset, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I deem it appropriate to dispose of the original petition as follows:
(i) The Tribunal is directed to consider and dispose of
Exts.P3 and P4 applications, in accordance with law and as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of the judgment, that too after affording the 1st respondent an opportunity of filing their counter affidavits and hearing both sides.
(ii) Until such time orders are passed on Exts.P3 and P4 applications, all coercive proceedings as against the petitioner and his secured asset shall stand deferred. The original petition is ordered accordingly.
sd/- C.S.DIAS JUDGE rkc/31.05.23 APPENDIX OF OP (DRT) 219/2023 PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE COMMISSIONER NOTIECE DATED 10/12/2018 Exhibit-P2 TRUE COPY OF THE SA 485/2018 FILED BY THE PETITIONERS Exhibit_P3 TRUE COPY OF THE MA 65/2023 IN SA Exhibit-P4 TRUE COPY OF THE MA 66/2023 IN SA