Madanmohan M.D vs Authorized Officer Irinjalakkuda Town Co Operative Bank, Tana South, Irinjalakkuda, Thrissur 680121

C.S.Dias, J

The original petition is filed to direct the Debt Recovery Tribunal-II (in short ‘Tribunal’), Ernakulam, to consider and dispose of I.A. No.1877/2023 (Ext.P2) filed in S.A.No.280/2023, to stay further coercive proceedings initiated by the first respondent- Authorised Officer of the Bank.

The petitioner’s case is that, he has filed S.A. No.280/2023 before the Tribunal against the possession notice issued by the Advocate Commissioner. Although the application has been filed on 8.6.2023, the application has not been considered. However, the respondents are now threatening to take physical possession of the secured asset. Hence, the original petition.

Heard; Sri. K.I. Sageer, the learned counsel appearing for the petitioner and Sri. Devaprasanth P.J the learned counsel appearing for the respondents.

Having considered the pleadings and materials on record and taking note of the fact that Ext.P2 application is pending consideration before the Tribunal, I deem it appropriate to invoke the supervisory powers of this Court under Article 227 of the Constitution of India and direct the Tribunal to consider and dispose of Ext.P2 application within a time period.

Resultantly, I dispose of the original petition as follows:-

(i) The Debt Recovery Tribunal-II, Ernakulam is directed to consider and dispose of Ext.P2 application, in accordance with law and as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of the judgment, after affording the petitioner and the respondents an opportunity of being heard.

(ii) I make it clear that this Court has not entered into the merits of Ext.P2 application and the same shall be considered by the Tribunal in accordance with law.

(iii) Until such time orders are passed in Ext.P2 application, all further coercive proceedings initiated by the respondents shall stand deferred.