High CourtsSingle Bench

Sasikala O.K vs Union Bank Of India

High Court Of Kerala · Decided on 25 August 2023 · Citation: (2023) 08 KL CK 0247

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. 322 OF 2023
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Judgment

8 paragraphs · 239 words

C. S. Dias, J

1.

The original petition is filed, inter alia, to direct the Debt Recovery Tribunal-II, Ernakulam to consider and dispose of I.A. No.2538/2023 in S.A No.405/2023, expeditiously.

2.

Pursuant to the order dated 16.8.2023 passed by this Court, the Tribunal by communication dated 18.8.2023, has informed this Court that I.A. No.2538/2023 stands posted to 8.9.2023. The Tribunal requires one month’s time to dispose of the application.

3.

Heard; Sri. Ranadeep K, the learned counsel appearing for the petitioner and Sri. A.S.P.Kurup, the learned counsel appearing for the respondents 1 to 3. Notice to the fourth respondent is dispensed with.

4.

Having considered the pleadings and materials on record and after perusing the communication of the Tribunal, I deem it appropriate to dispose of the original peitition.

Resultantly, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I order the original petition as follows:-

(i) The Debt Recovery Tribunal-II, Ernakulam is directed to consider and dispose of the I.A. No.2538/2023 in S.A. No.405/2023, 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 parties an opportunity of being heard.

(ii) Until such time orders are passed on the above application, the respondents 1 to 3 are directed to defer recovery proceedings as against the secured asset.