MSS Hospital And Nursing College Private Limited vs M/s South Indian Bank Ltd

Bechu Kurian Thomas, J

Challenging the proceedings for enforcement of security interest, petitioner has approached the Debts Recovery Tribunal in S.A.No.167/2022. Sri.M.G.Sreejith, the learned counsel for the petitioner, submitted that, even though Ext.P8 stay petition had been filed before the Tribunal, ten days ago, the same has not yet been considered and in the meantime, the respondent-Bank has taken steps to dispossess the petitioner by tomorrow (ie., 20.08.2022).

Sri.Sunil Shankar, the learned Standing counsel for the respondent Bank, seeks time to get instructions.

Having regard to the circumstances arising in the case, I am of the view that this original petition can be disposed of granting a limited relief to the petitioner which would not be prejudicial to the respondent-Bank. In such circumstances, despite the request of the learned counsel for the respondent for time to get instructions, I am proceeding to dispose of this original petition.

Admittedly, Ext.P8 application has already been filed before the Debts Recovery Tribunal in S.A.No.167/2022 seeking stay of Ext.P7 notice, which is produced as Annexure-A13 before the Tribunal.

In view of the above, this original petition is disposed of with a direction to the respondent-Bank to defer the proceedings to dispossess the petitioner, for a period of ten days from today, to enable the petitioner to have his application considered by the Tribunal.

It is clarified that, the direction to defer the proceedings to dispossess the petitioner within ten days from today, is not a reflection on the merits of the matter and the Tribunal is at liberty to proceed the with matter in accordance with law.

The original petition is disposed of.