IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 6^TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946 OP (DRT) NO. 81 OF 2016 AGAINST THE ORDER/JUDGMENT DATED IN SA NO.28 OF 2016 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER:

CHOLAYAIL HUSSAIN AGED 53 YEARS A/O.KOYA, KURUKOL HOUSE, CHERIYAMUNDAM P.O., MALAPPURAM DISTRICT.

BY ADV SRI.R.RANJITH (MANJERI)

RESPONDENT:

THE MALAPPURAM DISTRICT CO OPERATIVE BANK LTD MALAPPURAM, REPRESENTED BY ITS GENERAL MANAGER (AUTHORISED OFFICER) HEAD OFFICE, UPHILL, MALAPPURAM, PIN: 676 505.

THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 06.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This Writ Petition was filed in the year 2016 seeking the following reliefs:

“i) Direct the respondent bank to restrain from effecting the dispossession of the secured asset pursuant to Ext.P2 notice until DRT-II, Ernakulam consider and pass final orders on maintainability of SA No.28/2016.

ii) Direct the Debts Recovery Tribunal Ernakulam-II to pass orders on maintainability of SA No.28/2016 expeditiously within a stipulated time period.

iii) Direct the Debts Recovery Tribunal Ernuakulam-II to c