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Judgment
The petitioners have approached this Court with a singular plea that the Debts Recovery Tribunal-1, Ernakulam, be directed to take up and dispose
of Exts.P5 and P6 interlocutory applications at the earliest and at least, on the next posting date, which he says is 18.03.2021.
When this matter was considered by this Court on an earlier occasion, a doubt was raised as to whether the DRT-I, Ernakulam is functioning and
therefore, a report was called for from it through the Registrar (Judicial) of this Court. The presiding officer of the DRT has now furnished a report
before this Court, which reads as under:
“It is for kind information of Hon'ble High Court that all matters of DRT-1 are being taken up for hearing through videoconferencing
since December, 2020. I am also having additional charge of DRT-2 Ernakulam as per the notification No.F.No.7/1/2019- DRT dated
10.07.2020 of the Government of India, Ministry of Finance. Accordingly, I have been hearing the matters of DRT-1 as regular presiding
officer and DRT-2 Ernakulam having additional charge, through videoconferencing as well as through physical appearance of learned
counsel for parties in cases where the request for physical hearing is made by learned counsel for the parties.
I am also hearing all the matters which have already been adjourned due to COVID- 19 situation as and when an application to advance
the hearing of matter is filed befor the Tribunal. However, no such application has been filed before me in this particular case. I shall hear
and decide the instant matter within the time frame as Hon'ble High Court directs.â€
As is evident from the above, the DRT has now taken a stand that no application has been filed by the petitioners for hearing of the applications out
of turn nor has an “advance hearing application†been filed.
I therefore, asked Sri.Babu Cherukara, whether his client intends to approach the DRT in such manner, to which he answered in affirmative.
In the afore circumstances, I order this original petition to the limited extent of allowing the petitioners to move an application for early hearing of
Exts.P5 and P6 before the DRT-I, Ernakulam; in which event, the said Tribunal will consider the same and dispose of the said petitions on its merits,
as expeditiously as is possible but not later than three months from the date on which the application is filed by the petitioners in terms of this
judgment.