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2025 Supreme(Online)(Ker) 43035
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
ANTONY KURIAN – Appellant
Versus
THE AUTHORIZED OFFICER, SOUTH INDIAN BANK LTD – Respondent
WP(C) NO. 33977 OF 2025
For the Appellants/Petitioners: SRIP.S.SUJETH, SMT.M.R.REENA
For the Respondents: SRI. AUGUSTINE AREEKATTEL, SC
The court mandated expedited consideration of waiver and stay petitions pending before the Debts Recovery Appellate Tribunal in light of procedural delays.
Headnote:The petitioner seeks relief under the provisions relating to appeals before the Debts Recovery Appellate Tribunal as outlined in relevant statutory provisions. The petitioner contends that the waiver and stay petitions remain unaddressed despite the appeal's numbering. The court directed the Tribunal to expedite its order on these applications within a month from receipt of this judgment. The decision included a deferment of coercive measures against the petitioner for that month.
| Table of Content |
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| 1. appeal filed and procedural background. (Para 1) |
| 2. direction to expedite applications. (Para 2) |
| 3. disposition of the writ petition. (Para 3) |
J U D G M E N T
The petitioner has preferred Ext.P1 appeal before the Debts Recovery Appellate Tribunal, Chennai, against an order dated 01.08.2025 in I. A No.3539 of 2024 in S.A No.322 of 2024 of the Debts Recovery Tribunal-I, Ernakulam. The petitioner submits that, though the appeal has been numbered, the petition for waiver and the petition for stay have not been considered so far.
2. In view of the above submission and after hearing the learned counsel for both sides, there will be a direction to the Debts Recovery Appellate Tribunal, Chennai, to pass orders on the waiver application and the stay application, if the appeal is otherwise in order. Orders as directed above shall be passed within one month from the date of receipt of a copy of this judgment.
3. The Registry is directed to intimate this order to the Tribunal forthwith. Coercive steps against the petitioner will stand deferred for a period of one month.
The writ petition is disposed of as above.
