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2026 Supreme(Online)(Ker) 25776

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SHIHAB E M – Appellant
Versus
THE REGISTRAR, DEBTS RECOVERY TRIBUNAL –I – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.AJITH M. JIJI
For the Respondents: SHRI.C.H.ABDUL RASAC

Table of Content
1. petition seeks directions for stay consideration due to tribunal absence. (Para 1 , 3)
2. parties heard on petition reliefs. (Para 2)
3. petition dismissed as tribunal now functional. (Para 4)

JUDGMENT

Dated this the 01st day of April, 2026 This OP (DRT) is filed by the petitioner seeking the following reliefs:

i) Issue a direction to the Debts Recovery Tribunal-I, Ernakulam, to take up and pass appropriate orders on Exhibit P3 stay petition in S.A. No. 809 of 2026 at the earliest.

ii) Issue an order restraining the Respondent from proceeding further on the basis of Exhibit P2 notice till the disposal of Exhibit P3 stay petition by the Tribunal.”

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2nd respondent.

3. This OP (DRT) is filed by the petitioner seeking the afore reliefs, only because of absence of regular sitting in the Debts Recovery Tribunal at the relevant time and since, the petitioner could not avail his statutory remedy. Admittedly, the Debts Recovery Tribunal has now started functioning and according to the learned counsel for the petitioner, Ext.P3 stay petition (Diary No.1007 of 2026-unnumbered I.A. of 2026 in S.

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