The timing of filing an O.P prior to tribunal proceedings constitutes an abuse of legal process.

JUDGMENT

(Dated this the 9^th day of January 2026)

The petitioner has approached this Court seeking the following reliefs:

“(1) Direct the Debt Recovery Tribunal - II, Ernakulam, to consider and dispose of Exhibit P1 Securitization Application pending before the Tribunal within a time frame as fixed by this Hon’ble Court;

(2) Direct the Debt Recovery Tribunal - II, Ernakulam, to consider and dispose of Exhibit P2 Interlocutory Application pending before the Tribunal within a time frame as fixed by this Hon’ble Court;

(3) Direct the respondents to keep in abeyance, all coercive steps initiated against the immovable property which are the subject matter of S.A. No. 810/2025 pending consideration of Hon’ble Debt Recovery Tribunal – II, Ernakulam till the determination of Exhibit P2 interlocutory application No. 4871 of 2025 by that Tribunal”

2. Petitioner has filed S.A. No. 810/2025 before the Debt Recovery Tribunal–II, Ernakulam (DRT), to challenge the proceedings initiated against him.

3. The learned counsel for the respondent Bank submits that S.A. was posted on 24.12.2025 and on that day, there was no representation for the applicant. The learned counsel for the Bank appeared and sought time for filing vakalath and a written statement. Notice has already been issued to the defendants 3 and 4 in the S.A. and the case is now posted to 21.01.2026.

4. The present O.P. has been filed on 23.12.2025, just one day prior to the case being posted before the DRT. The said fact was suppressed in the present O.P. The learned counsel for the petitioner submits that the petitioner filed this O.P. due to the receipt of the Ext.P5 notice from the Advocate Commissioner issued to take physical possession of the secured assets. Be that as it may, the fact remains that the S.A. was posted on 24.12.2025, and the writ petition was moved on the previous day. Therefore, I am not inclined to grant any relief in this O.P., as it is an abuse of process of law. However, it will be open to the petitioner to move the DRT with an early posting petition for getting further orders.

The O.P (DRT) is disposed of as above.

Sd/-