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HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
HDFC BANK LTD. – Appellant
Versus
THE DEBTS RECOVERY TRIBUNAL -I, ERNAKULAM – Respondent
| Table of Content |
|---|
| 1. petitioner filed for the recall of a recovery certificate post liability repayment. (Para 2) |
| 2. court emphasized the importance of a functioning tribunal for access to justice. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court affirmed jurisdiction to address grievances due to tribunal's non-functioning. (Para 9) |
| 4. final directives issued to recall recovery certificate and return title deeds. (Para 10) |
JUDGMENT
Petitioner was the applicant in OA.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, petitione
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