Interim protection under supervisory jurisdiction is granted to prevent dispossession due to ongoing statutory appeals.

BASANT BALAJI J ======================

O.P.(DRT) No.17 of 2026 ========================

Dated 15^th day of January 2026 JUDGMENT The petitioners are applicants in S.A. No. 733/2025 pending before the Debts Recovery Tribunal-II, Ernakulam, filed challenging the Advocate Commissioner’s notice dated 12.08.2025. Earlier, the first petitioner had approached this Court by filing a writ petition challenging the possession notice, which was disposed of by judgment dated 08.11.2022. Thereafter, recovery proceedings were initiated against the petitioners under the Kerala Co-operative Societies Act . A subsequent writ petition filed by the petitioners was disposed of with a direction to repay the dues in instalments. However, the petitioners could not comply with the said directions. Subsequently, the respondent bank approached the Chief Judicial Magistrate Court seeking assistance for taking possession of the secured asset, pursuant to which an Advocate Commissioner was appointed. The Advocate Commissioner issued a notice dated 12.08.2025 intimating that possession of the petitioners’ property would be taken within seven days. Aggrieved thereby, the petitioners approached this Court by filing a writ petition, which was dismissed with a direction to avail the statutory remedy. Possession was not taken pursuant to the said notice.

2. Later, the Advocate Commissioner issued a fresh notice intimating that possession of the petitioners’ property would be taken on or before 14.10.2025. At that stage, the petitioners approached the Debts Recovery Tribunal-II, Ernakulam by filing S.A. No. 733/2025. The said S.A. was dismissed by order dated 08.12.2025. The petitioners intend to challenge the order dated 08.12.2025 before the Debts Recovery Appellate Tribunal, Chennai. However, apprehending imminent dispossession in the interregnum, the petitioners seek protection from this Court till such time an appeal is preferred before the Appellate Tribunal.

3. In view of the immediate threat of dispossession and in the absence of any other efficacious or alternative remedy to secure interim protection, the petitioners have approached this Court invoking its supervisory jurisdiction under Article 227 of the Constitution of India.

4. The petitioners seek a direction to the Debts Recovery Tribunal-II, Ernakulam, to issue the certified copy of the order dated 08.12.2025 in S.A. No. 733 of 2025. If the petitioners have already applied for the certified copy, the same shall be issued in accordance with law at the earliest.

The writ petition is disposed of as above.

Sd/-