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2022 Supreme(Ker) 1033

MURALI PURUSHOTHAMAN
Sajeeba Salim, D/o. K. Meera Sahib – Appellant
Versus
Federal Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioner: P. Haridas, P.C. Shijin, Shijimol M. Mathew, Biju Hariharan, Rishikesh Haridas.
For the Respondent: Mohan Jacob George, Paul Jacob (P), P.V. Parvathy (P-41), Reena Thomas, Nigi George, Sheru Joseph, Mathew Thomas.

JUDGMENT :

The petitioner filed Ext.P4 interlocutory application before the Debts Recovery Tribunal-II, Ernakulam for setting aside sale conducted on 29.11.2010 pursuant to the recovery certificate issued by the Debts Recovery Tribunal in O.A. No 15/2007. Ext.P5 application for condoning delay was also filed under Section 19 (25) of the Recovery of Debts Due to Banks and Financial Institutions Act. The Recovery Officer, Debts Recovery Tribunal-II, Ernakulam by Ext.P9 dismissed both the applications. Challenging Ext.P9, the petitioner filed Ext.P10 appeal before the Debts Recovery Tribunal-II, Ernakulam. Contenting that the appeal preferred by the petitioner is not taken up for consideration by the DRT since there was no Presiding Officer appointed, the petitioner approached this Court by filing W.P. (c) No.3853/2022 and this Court passed an interim order directing not to dispossess the petitioner from the property. After the DRT-II commenced functioning, this Court by Ext.P11 Judgment disposed of the writ petition giving liberty to the petitioner to move the DRT–II, Ernakulam, appropriately for the reliefs which the petitioner has prayed for in the said writ petition. To enable the

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