2026 Supreme(Online)(Ker) 21013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
DILEEP SHAHUL HAMEED – Appellant
Versus
THE INDIABULLS HOUSING FINANCE LTD. – Respondent
OP (DRT) NO. 302 OF 2025 | SA NO.226 OF 2019
Important Points
Subject
Civil - Debt Recovery
Act Referred
Headnote
Findings of Court:
The court found the delay in processing the applications unwarranted and directed prompt action.
Issues: The primary issue was whether to direct the Tribunal to consider the pending applications.
Ratio Decidendi: The court emphasized the need for timely judicial processes, stating the applications must be processed within six weeks.
Result: DRT-II, Ernakulam is directed to consider and pass orders on these Interlocutory Applications within a period of six weeks from the date of receipt of a copy of this judgment.
For the Appellants/Petitioners: SRI.ARUN CHAND, SHRI.VINAYAK G MENON, SHRI.BHARAT VIJAY P., SHRI.THAREEQ ANVER, SMT.MINU VITTORRIA PAULSON, SMT.ARCHANA P.P., SHRI.KISHORE S.S., SHRI.REN SHIBU, SMT.SHEHROON PATEL A.K.
For the Respondents: SHRI.MADHU RADHAKRISHNAN, SRI.M.D.JOSEPH, SHRI.NELSON JOSEPH, SHRI.DEEPAK ASHOK KUMAR, SHRI.JESWIN JACOB
| Table of Content |
|---|
| 1. request for tribunal action on pending applications (Para 1 , 2 , 3) |
| 2. court directives on timelines for processing (Para 4) |
P.V. BALAKRISHNAN, J.
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O.P.(DRT) No. 302 of 2025 ….........................................................
Dated this the 18th day of March 2026 JUDGMENT The main relief sought for in this Original Petition is a direction to the Debts Recovery Tribunal-II, Ernakulam (hereinafter referred to as ‘the DRT-II’), to dispose of Exts. P7 to P9 Interlocutory Applications pending in S.A. No. 226 of 2019.
2. Heard the learned counsel for the petitioners and the learned Standing Counsel for the 3rd respondent.
3. The learned Standing Counsel for the 3rd respondent submitted that, since the Interlocutory Applications as referred to above are pending in the DRT-II from 2025 onwards, he has no objection to directing the DRT-II to consider Exts. P7 to P9 Interlocutory Applications.
4. In the light of the submissions made at the Bar and considering the fact that Exts. P7 to P9 Interlocutory Applications in S.A. No. 226 of 2019 are pending in DRT-II since 2025 onwards, there shall be a direction to DRT-II, Ernakulam to consider and pass orders on these Interlocutory Applications within a period of six weeks from the date of receipt of a copy of this judgment.
This Original Petition (DRT) is disposed of as above.