Shine P Jacob vs Debt Recovery Appellate Tribunal

C. S. DIAS, J.

The original petition is filed to direct the first respondent – Debt Recovery Appellate Tribunal, Chennai (in short, ‘Appellate Tribunal’) to consider and dispose of Ext.P14 appeal, Ext.P15 stay petition and Ext.P16 waiver petition, expeditiously and until such time to direct the respondents 3 to 5 to defer further recovery proceedings as against the secured asset.

The petitioner's case is that, aggrieved by Ext.P13 order passed by the Debt Recovery Tribunal-II, Ernakulam, in S.A. No.50/2022, the petitioner has preferred Ext.P14 appeal along with Ext.P15 stay petition and Ext.P16 waiver petition. The petitioner prays that the Appellate Tribunal may be directed to consider and dispose of Exts.P15 and P16 immediately.

Pursuant to the order dated 03.08.023 passed by this Court, the Appellate Tribunal, by communication dated 08.08.2023, has informed this Court that the petitioner has preferred the appeal along with the applications before the Appellate Tribunal. The matter was scrutinised and is posted to 11.08.2023. The Appellate Tribunal is ready to consider and dispose of the waiver petition and the stay petition as directed by this Court.

Heard; Sri.Alexander Joseph, the learned Counsel appearing for the petitioner and Sri.Sunil Shankar, the learned Counsel appearing for the respondents 3 to 5. Notice to the respondents 1 and 2 is dispensed with.

Having  considered  the  pleadings  and materials on record and taking note of the fact that Exts.P15and P16 are pending consideration before the first respondent, I deem it appropriate to direct the first respondent to consider and dispose of the same immediately.

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

(i) The Appellate Tribunal is directed to consider and dispose of Exts.P15 and P16, in accordance with law and as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment, after affording the parties an opportunity of being heard.

(ii) It will be upto the respondents 3 to 5 to file their objections to the above applications before the date of next hearing.

(iii) Until such time orders are passed on Exts.P15 and P16, further coercive proceedings as against the residential property of the petitioner which forms the part of the secured asset shall stand deferred.