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2026 Supreme(Online)(Ker) 26492

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SREEJITH NAMBOODIRI – Appellant
Versus
PUNJAB NATIONAL BANK – Respondent
OP (DRT) NO. 281 OF 2021|TA NO.901 OF 2016



Important Points

Petition closed as DRT functional; liberty to pursue applications before tribunal.

Subject

Civil - Debt Recovery

Headnote

First Paragraph: The petition under Debt Recovery Tribunal proceedings seeks stay of D.R.C. No.82/2018 until hearing of applications (Exts. P2 and P3) in TA No.901/2016. Essential facts include filing during non-sitting period of DRT-II, Ernakulam, now fully functional. Court finds petitioner must pursue pending applications before DRT-II. Second Paragraph: Issue framed as whether to grant stay given DRT functionality. Ratio: Court observes regular sittings resumed; petitioner at liberty to approach DRT directly (para 3). Last Paragraph: Original petition closed with liberty to pursue applications.

Advocates:
For the Appellants/Petitioners: SRI.C.IJLAL, SMT.UMMUL FIDA
For the Respondents: SHRI.SAJI.P.JOSEPH, SRI.K.T.SAJU, SMT.A.SEENA, SHRI.DEEPESH E.S, SMT.DAYANA MATHEW, SMT.G.MINI (PALATH)

Table of Content
1. petition seeks stay of recovery proceedings pending applications. (Para 1)
2. drt functional; petitioner to pursue applications; petition closed. (Para 2 , 3)

JUDGMENT

This original petition is filed seeking the following relief;

“i. To stay all further proceedings in D.R.C.No.82/2018 initiated by the Recovery Officer, DRT-II, Ernakulam until the Exhibits P2 and P3 applications is heard by the Debts Recovery Tribunal-II, Ernakulam and passes appropriate orders therein.”

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

3. This original petition has been filed by the petitioner at a time when there was no regular sitting in the DRT-II, Ernakulam in 2021. Regular sitting in the DRT has thereafter commenced and it is fully functional for the past few years In such circumstances, it is for the petitioner to pursue Exts.P2 and P3 applications, if they are still pending, before the DRT-II, Ernakulam.

With the aforesaid liberty, this original petition is closed.

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