High CourtsSingle Bench(2023) 03 KL CK 0004

Roy K.S.Vs Biju George

High Court Of Kerala · Decided on 3 March 2023

HON’BLE JUDGES
T.R. Ravi, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (DRT) No. 93 Of 2023

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Judgment

4 paragraphs · 238 words

T.R. Ravi, J.

1.

Admit.  Standing Counsel takes notice for the respondents 2 to 4.  In view of the order that is proposed to be issued, notice to the 1st respondent is dispensed with.

2.

The prayer in the Original Petition is for a direction to the Debt Recovery Tribunal II, Ernakulam to dispose of Exts.P1, P2 and P4 to P6 at the earliest. There is also a prayer to set aside Ext.P3 sale notice. Ext.P1 is the Securitisation Application No.554/2022, which is seen to have been filed on 25.10.2021. Ext.P2 is the copy of I.A.No.2979/2022 seeking stay of the proceedings for recovery of money from the petitioner. Exts.P4 to P6 are I.A.Nos.630, 631 & 632            of 2023 which have been preferred by the petitioner. The petitioner submits that when the application has been pending from 2021 onwards, Ext.P3 notification of sale has been issued on 01.02.2023. Since the issue is already pending before the Debt Recovery Tribunal, it is only appropriate that the Tribunal considers and passes orders on these applications.

In  the  above  circumstances,  this  O.P(DRT)  is  disposed  of directing the Debt Recovery Tribunal II, Ernakulam to consider and pass orders on Exts.P2 & P4 to P6 within one week since the sale is scheduled on 13.03.2023. The petitioner and the respondent may take steps to get the matter listed on 06.03.2023 itself. The Registry to communicate this order to the Debt Recovery Tribunal II, Ernakulam.