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N. NAGARESH, J
SARVANATH P.S – Appellant
Versus
THE AUTHORISED OFFICER – Respondent
OP (DRT) NO. 501 OF 2023 SA 129/2023
Recovery - Debt Recovery Tribunal - N/A - The court addressed the need for prompt resolution of applications submitted to the Debt Recovery Tribunal, emphasizing the importance of timely judicial processes in debt recovery cases.
Fact of the Case:
The petitioners sought the court's direction for the Debt Recovery Tribunal to expedite the disposal of their applications following a delay caused by the listing of their case in the tribunal.
Issues: Whether the court should direct the Debt Recovery Tribunal to expedite the hearing of the petitioners' applications.
Ratio Decidendi: The court held that since the applications were already listed for hearing shortly, no additional orders were required.
Final Decision: The original petition is disposed of without granting further relief.
JUDGMENT
Dated this the 30th day of November, 2023 The petitioners have approached this Court seeking to direct the Debt Recovery Tribunal-I, Ernakulam to dispose of Exts.P1, P9 and P10 applications at the earliest and within a definite time frame set by this Court.
2. When this original petition came up for admission on 28.11.2023, this Court sought a report from the Registry of the Debt Recovery Tribunal. It has been informed as follows:
2. In this regard, it may be mentioned that the S.A. No. 129/2023 is listed before the Presiding Officer on 26/12/2024 and the Counsel for the Applicant therein had e-filed Exts. P9 (Advance Pertition) and P10 (Petition for Stay) on 23/11/23 and hard copy of the same were filed before the Registry of this Tribunal on 24/11/23. After scrutiny, the Petitions are numbered as I.A. No. 4185/2023 (Advance petition) and I.A. No. 4186/2023 (Petition for Stay) and I.A. No. 4185/2023 (Advance Petition) is listed before the Tribunal for hearing on 01/12/23.
3. As the interim applications submitted by the petitioners stand posted to 01.12.2023, I find that no further relief need be granted in the OP(DRT), especially taking into consideration the fact that the sale has not taken place in view of want of bidders.
The OP(DRT) is disposed of as above.
Sd/- N. NAGARESH JUDGE
7.2.2023 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL ERNAKULAM-I.
Exhibit P-2 TRUE COPY OF I.A. NO. 918/2023 DATED
7.2.2023 IN S.A. NO. 129/2023 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL ERNAKULAM-I.
Exhibit P-3 TRUE COPY OF O.A. NO. 300/2023 DATED
19.1.2023 FILED BY THE RESPONDENT BANK BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM-I WITHOUT ANNEXURES.
Exhibit P-4 TRUE COPY OF THE JUDGMENT DATED
5.9.2023 IN O.P.(DRT) NO. 349/2023 OF THIS HONOURABLE COURT.
Exhibit P-5 TRUE COPY OF THE WRITTEN STATEMENT DATED 25.9.2023 FILED BY THE RESPONDENTS IN S.A. NO. 129/2023 BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM-I.
Exhibit P-6 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 25.9.2023 FILED BY THE RESPONDENTS IN I.A. 918/2023 IN S.A. NO. 129/2023 BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM-I.
Exhibit P-7 TRUE COPY OF THE ORDER DATED 4.10.2023 IN I.A. NO. 918/2023 IN S.A. NO. 129/2023 OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM-I.
Exhibit P-8 TRUE COPY OF THE SALE NOTICE DATED
25.10.2023 ISSUED BY THE 1ST RESPONDENT.
Exhibit P-9 TRUE COPY OF STAY PETITION DATED
21.11.2023 I.D. NO. 18364 IN S.A. NO. 129/2023 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL ERNAKULAM-I.
Exhibit P-10 TRUE COPY OF THE ADVANCE PETITION DATED 21.11.2023 I.D. NO. 18363 IN S.A. NO. 129/2023 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL ERNAKULAM-I.
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