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Judgment
A. Badharudeen, J
This OP(DRT) has been filed under Article 227 of the Constitution of India and the prayers herein are as under:
“a) May be pleased to direct the respondent bank not to dispossess the petitioner till an appeal is preferred by the petitioner before DRAT, Chennai against Ext.P3 within a time limit to be prescribed by this Honourable Court.
b) Direct the DRT-I, Ernakulam to issue order dated 04.05.2023 dismissing Ext.P1 S.A. Within a time frame fixed by this Honourable Court.”
Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondent.
When this matter is taken up for hearing, both sides would submit that Debts Recovery Tribunal-I, Ernakulam disposed of Ext.P1 S.A.No.311/2019 as per order dated 04.05.2023. The learned counsel for the petitioner would submit that even though the appeal was dismissed, the appellate order was not provided to the petitioner and as such, the petitioner is not in a position to prefer an appeal before the Debts Recovery Appellate Tribunal, Chennai and to seek urgent relief.
Therefore, there shall be a direction to the Debts Recovery Tribunal-I, Ernakulam to issue certified copy of order in Ext.P3 proceedings within a period of two weeks from the date of receipt or production of a copy of this judgment. On getting the certified copy of the order, the petitioner is at liberty to move regular appeal, in accordance with law. In order to facilitate filing of a proper appeal, the dispossession of the petitioner from the property covered by the order of the Debts Recovery Tribunal-I, Ernakulam shall stand deferred for a period of three weeks from today.
This OP(DRT) stands disposed of as indicated above. Registry shall forward a copy of this judgment to DRT-I, Ernakulam, within seven days, for information and compliance.