High CourtsSINGLE BENCH(2017) 03 KL CK 0069

V. SUNIL KUMAR vs LORD KRISHNA BANK LTD.,

High Court Of Kerala · Decided on 28 March 2017

HON’BLE JUDGES
K.Vinod Chandran
RESULT
Disposed
CASE NUMBER
32 of 2017 (O)

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Judgment

26 paragraphs · 203 words
1.

The petitioner is concerned with the applications

pending before the Debt Recovery Tribunal-II as I.A.

Nos.427/2016, 466/2016 and I.A. No.708/2016 in T.A.

No.1368/2016, filed by the 1st respondent Bank. The 1st

respondent Bank is now taken over by the additional

respondent impleaded herein.

2.

I have heard both the Counsel appearing for

the petitioner and the additional respondent.

3.

The two Interlocutory Applications, numbered

as 427/2016 and 466/2016 have been filed by the

petitioner and I.A. No.708/2016 has been filed by the

respondent Bank. Both seek for lifting of attachment,

withdrawal of DRC and release of the documents.

These applications are said to be pending long before

the Debt Recovery Tribunal-II. Since both, the

applicant and the defendant, have the very same

prayer, this Court does not find why there should be

such a delay in considering the applications. The

matters are said to be posted to June, 2017.

4.

In such circumstance, the Debt Recovery

Tribunal-II shall prepone the matters and post it on

11.04.2017 and consider the issue on the very same day

and pass order within one week therefrom.

The writ petition is disposed of. The petitioner

shall produce the copy of this judgment before the Debt

Recovery Tribunal.