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2026 Supreme(Online)(Ker) 20057

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
RESMY BABU – Appellant
Versus
UNION BANK OF INDIA – Respondent
OP (DRT) NO. 16 OF 2026



Advocates:
For the Appellants/Petitioners: DR.K.P.PRADEEP, SMT.T.THASMI, SMT.M.J.ANOOPA
For the Respondents: SHRI.C.MURALIKRISHNAN, SHRI.MUBAID SULPHICKER K. S., SMT.CHINJU K.V.

Court directed the timely consideration of pending applications in light of no existing threat to petitioners’ rights.

Headnote:This Original Petition seeks directions to the Debt Recovery Tribunal regarding pending applications and coercive proceedings against the petitioners. The Court found no threat to the petitioners from the proposed sale and directed a timely consideration of the relevant applications by the Tribunal. The responding bank had no objection to the extension of the order for early disposal. The Court emphasized expeditious handling of applications.

Table of Content
1. petitioners seek relief from the tribunal regarding possession. (Para 1 , 2 , 3)
2. no objection from the bank regarding timeline for application. (Para 4)
3. court directs timely consideration of applications. (Para 5)

P.V. BALAKRISHNAN, J.

…………………………................................

O.P.(DRT)No. 16 of 2026 ….........................................................

Dated this the 16th day of March 2026 JUDGMENT This Original Petition is filed by the petitioners seeking the following reliefs:-

1. Call for the files pertains to Exhibit P1 Securitization Application in SA No 482 of 2025 pending before the Debt Recovery Tribunal, II, Ernakulam and to direct the tribunal to consider and pass orders in Exhibit P1 application or in Exhibit P2 and P4 interim applications, at the earliest or within a time frame fixed by this Hon’ble Court in the peculiar facts and circumstances of the case under consideration.

2. To direct the 1st and 2nd respondents to keep in abeyance all coercive proceedings pursuant to Exhibit P5 sale notice till the application in SA No. 482/2025 or the interim applications in Exhibit P2 or Exhibit P4, pending before Debts Recovery Tribunal II Ernakulam are finally disposed of.

2. Heard the learned counsel for the petitioners and the learned Standing Counsel for respondents 1 and 2.

3. The learned counsel for the petitioners submitted that the property has already been taken possession by respondents 1 and 2 and his only prayer is for an early disposal of Ext.P4 application in S.A. No.482 of 2025 pending before the Debts Recovery Tribunal-II, Ernakulam.

4. The learned Standing Counsel for respondents 1 and 2 submitted that the bank has no objection, in directing the Debts Recovery Tribunal-II, Ernakulam, to consider Ext.P4 application within a time frame. He also submitted that the proposed sale did not fructify and, at this point of time, there is no threat to the petitioners.

5. In the light of the submissions made at the Bar, and considering the facts and circumstances of this case, there shall be a direction to the 3rd respondent to consider and pass orders on Ext.P4, as expeditiously as possible, at any rate within a period of two weeks from the date of receipt of a certified copy of this judgment, after hearing both sides. It is made clear that the amount deposited as per the interim order of this Court shall be kept in a non-lien account and, if the DRT passes any conditional order, it shall take into consideration the amount thus deposited, while deciding compliance.

This original petition is disposed of as afore.

Sd/-

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