Court emphasized the need for timely consideration of pending applications to ensure protection of rights in property disputes.

JUDGMENT

Petitioner approached this Court alleging that, when his Securitisation Application (Ext.P1) is pending before the Debt Recovery Tribunal, along with an application seeking stay of further proceedings (Ext.P3), the respondent Bank is simultaneously proceeding under the SARFAESI Act to dispossess the petitioner. Learned counsel would submit that once SARFAESI proceedings are permitted to be initiated, the subject matter of the S.A will become infructuous, thus, depriving the petitioner of his valuable right. The petitioner seeks a direction to keep in abeyance all coercive proceedings, until Ext.P3 I.A in Ext.P1 S.A is considered and disposed of by the D.R.T-1, Ernakulam.

2. This is seriously opposed by the learned Standing Counsel for the respondent Bank. It was pointed out that the Advocate Commissioner was first appointed on 07.04.2025 and that he gave notice on 10.06.2025, more or less seven months ago. Physical possession was attempted to be taken on September, 2025, whereupon, the petitioner herein filed interim application before the D.R.T. The petitioner sought time to amend the S.A and time was granted till 12.12.2025. However, the S.A was not amended. The extension was sought for and time granted initially till 15.12.25. It was thereafter extended till 23.12.2025 and finally up to 20.01.26. However, even as on this date, the amendment has not been filed. Although the sale of the property was scheduled on 28.01.2026, the same could not take place for want of bidders. Now, all what is required is to take physical possession, which may not be impeded by virtue of these proceedings, is the sum and substance of the submission made by the learned Standing Counsel for the respondents.

3. Having heard the learned counsel appearing for the petitioner and the learned Standing Counsel for the respondents, this Court is of the opinion that Ext.P3 interim application in Ext.P1 S.A has to be considered and disposed of by the Debt Recovery Tribunal-1, Ernakulam. It is also noticed that the so called amendment, which was sought to be incorporated, has not much relevance, insofar as consideration of Ext.P1 application is concerned and it is not decipherable as to why Ext.P3 application has not been considered so far and Orders passed.

4. In the circumstances, there will be direction to D.R.T-1, Ernakulam to consider and pass Orders in Ext.P3 I.A, within a period of three weeks from 06.02.2026, on which date, the case otherwise stands posted. Until then, there shall not be any coercive steps against the petitioner and his property. The petitioner will produce a copy of this judgment before the D.R.T-1, Ernakluam, for compliance.

This Writ Petition will stand disposed of, as above.

Sd/-