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2023 Supreme(Ker) 306

GOPINATH P.
JIMMY THOMAS S/O THOMAS – Appellant
Versus
INDIAN BANK, SOUTH BAZAR BRANCH – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P. BINOD, A.S. DILEEP, SUSEELA DILEEP, SUDEEP ARAVIND PANICKER.
For the Respondent: S. EASWARAN.

JUDGMENT :

1. These cases have been filed, challenging the interim orders of the Debts Recovery Tribunal (hereinafter referred to as ‘the Tribunal’) in separate Securitisation Applications filed under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ or as the ‘SARFAESI Act’). The petitioners contend that the Tribunal mechanically issued orders on the interlocutory applications filed in the respective Securitisation Applications without paying any heed to the contentions raised, and completely disregarding the well-settled principles governing the consideration of an application for ad-interim relief. It is contended in the main that there is a gross failure to exercise a jurisdiction vested in the Tribunal properly, warranting this Court’s interference.

2. I have heard Sri. K.K. Chandran Pillai, Learned Senior Advocate and Advocates Sri. P. Binod, Sri. C.S. Ullas and Sri. S.S. Aravind for the Petitioners in these cases and Sri. P.C. Sasidharan, Sri. S. Easwaran and Sri Sunil Shankar for the contesting respondents (Banks/the Financial Institutions).

3. It is not necessary to exam

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