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2022 Supreme(Ker) 264

BECHU KURIAN THOMAS
HDFC Bank Ltd. – Appellant
Versus
Debts Recovery Tribunal, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Leo George.
For the Respondents: Jobi A. Thampi, C.M. Ebrahim, Shoukath Husain.

JUDGMENT :

BECHU KURIAN THOMAS, J.

1. Petitioner was the applicant in O.A. No. 593/2017 before the Debt Recovery Tribunal-I, Ernakulam. The final order in the said original application was rendered on 30.08.2018 pursuant to which a recovery certificate was issued. While the recovery proceedings were continuing, respondents 3 to 5, who were the borrowers and guarantors, cleared the entire liability. On repaying the entire liability, petitioner filed an application before the Tribunal seeking to recall the recovery certificate issued by the Tribunal as well as for the return of original sale-deed No. 525/1/2013 of the Sub Registry Office, Kochi, produced and marked as Ext.A9 before the Tribunal. The grievance of the petitioner is that due to the non-functioning of the Tribunal for the last several months, petitioner is unable to abide by their obligation to return the title deeds to respondents 3 to 5. It is in such circumstances that they have invoked the jurisdiction of this Court under Article 227 of the Constitution of India.

2. Advocate C.M. Ebrahim, who appeared for respondents 3 to 5 submitted that they were the borrowers and had with great difficulty cleared the entire liability

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