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Joy Paul vs South Indian Bank

High Court Of Kerala · Decided on 25 August 2023 · Citation: (2023) 08 KL CK 0248

HON’BLE JUDGES
C. S. Dias, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (DRT)No.324 Of 2023
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Judgment

9 paragraphs · 331 words

C. S. Dias, J

1.

The original petition is filed, inter alia, to direct the Debt Recovery Appellate Tribunal(Appellate Tribunal) Chennai, to consider and dispose of Ext P9 appeal [AIR (SA)Diary No.1095/2023] and Ext 10 application for stay petition, expeditiously and until such time, to direct the respondents 1 to 3 to defer further recovery proceedings as against the secured asset.

2.

Pursuant to the order dated 17.08.2023 passed by this Court, the Appellate Tribunal, by communication dated 24.08.2023 has informed this Court that the petitioner has filed the above appeal through the e-drt portal on 08.08.2023 along with an application to stay coercive proceedings. The appeal and the application have been scrutinised on 23.08.2023 and the petitioner has given time for compliance of the objections to the defects till 06.09.2023. The Appellate Tribunal, will consider and dispose of the same as directed by this Court.

3.

Heard; Sri. C.S. Manu, the learned counsel appearing for the petitioner and Sri. Mohan Jacob George, the learned standing counsel appearing for the respondents 1 & 2.

4.

Having considered the pleadings and materials on record and after perusing the communication of the Appellate Tribunal, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I am inclined to order the original petition.

Resultantly, I order the original petition as follows:

(i) The Debts Recovery Appellate Tribunal, Chennai, is directed to consider and dispose of the interlocutory applications filed in AIR (SA)Diary No.1095/2023, 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 this judgment, after affording the parties an opportunity of being heard.

(ii) It would be up to the respondents 1 & 2 to file their objections to the interlocutory applications in the meantime.

(iii) Until such time orders are passed on the stay petition, all further coercive proceedings as against the secured asset shall stand deferred.