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2026 Supreme(Online)(Ker) 22571
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
M/S. WASUKI FARMERS SOCIETY, REGN.NO.WYD/CA/316/2016 – Appellant
Versus
THE CANARA BANK – Respondent
OP (DRT) NO. 28 OF 2026 | SA NO.938 OF 2025
For the Appellants/Petitioners: SHRI.VARGHESE C.KURIAKOSE, SMT.AMRITHA.J, SHRI.KURUVILLA MATHEW, SHRI.VIPIN C. VARGHESE, SMT.MARIYA MATHEW
For the Respondents: SHRI.M.GOPIKRISHNAN NAMBIAR, SRI.T.P.PRADEEP, SRI.P.K.SATHEES KUMAR, SRI.R.K.PRASANTH, SMT.MINIKUMARY M.V., SHRI.JIJO JOSEPH, SMT.DEVU SHAJI, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SHRI.RAJA KANNAN, SMT.AKHILA NAMBIAR
Judicial directions can compel speedy hearings in debt recovery matters while ensuring protection against coercive actions.
Headnote:The original petition prays for direction to the Debts Recovery Tribunal-I to hear the pending stay petitions in SA No.938 of 2025. Respondents indicated no objection for an early hearing. The court directed the DRT to consider the stay petition within two weeks, restraining coercive action until then. The petition is disposed of based on these directions.
| Table of Content |
|---|
| 1. petition for direction to drt. (Para 1) |
| 2. no objections noted for early disposal. (Para 2) |
| 3. court's directive on stay petition. (Para 3) |
| 4. final order of petition disposal. (Para 4) |
JUDGMENT
This original petition is filed with a prayer to direct the Debts Recovery Tribunal-I, Ernakulam to take up SA No.938 of 2025 and hear the petitioners and pass orders on the interlocutory applications which are pending including the stay petition within a time limit to be stipulated by this Court.
2. Heard the learned counsel for the petitioners and the learned Standing Counsel for respondents 1 and 2.
3. Learned counsel for respondents 1 and 2 submitted that the bank has no objections in directing an early disposal of the stay petitions filed by the petitioners and which are pending before the DRT. She also submitted that the petitioners are enjoying the stay granted by this Court without any conditions and therefore, this original petition may be disposed off, by relegating the petitioners to DRT.
4. In the light of the said submission, there shall be a direction to the DRT-I, Ernakulam to consider Ext.P18 stay petition filed by the petitioners in S.A.No.938 of 2025, within a period of two weeks from the date of receipt of a copy of this judgment. Respondents 1 and 2 shall not take any coercive steps till the Tribunal takes up Ext.P18 stay petition for consideration.
This original petition is disposed of as above.
