Bijumon P.M vs Dewan Housing Finance ...
2021 Latest Caselaw 18084 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                       OP (DRT) NO. 28 OF 2021
   AGAINST THE ORDER IN SA 125/2021 OF DEBT RECOVERY TRIBUNAL,
                         ERNAKULAM, ERNAKULAM
PETITIONERS:

    1     BIJUMON P.M
          AGED 45 YEARS
          S/O. MANIYAPPAN, LAKSHMIBHAVANAM, KANNANKARA,
          THANNERMUKKAM, ALAPPUZHA-688527.

    2     SEEMA M.V.,
          AGED 40 YEARS
          W/O. BIJUMON P.M., LAKSHMIBHAVANAM, KANNANKARA,
          THANNERMUKKAM, ALAPPUZHA-688527.

          BY ADVS.
          K.M.ANEESH
          SRI.K.MOHAMMED RAFEEQ



RESPONDENTS:

    1     DEWAN HOUSING FINANCE CORPORATION LTD.
          GROUND FLOOR, KMM BUILDING, PALARIVATTOM, ERNAKULAM-
          682025, REPRESENTED BY ITS AUTHORISED OFFICER.

    2     THE REGISTRAR,
          DEBT RECOVERY TRIBUNAL -II, ERNAKULAM, 2ND FLOOR,
          HOUSING BOARD BUILDING, PANAMPALLY NAGAR, ERNAKULAM-
          682036.

          BY ADV SHRI.P.PAULOCHAN ANTONY




     THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(DRT)NO. 28 OF 2021
                                       2

                     BECHU KURIAN THOMAS, J.
                     ----------------------------------------
                        OP(DRT)NO. 28 OF 2021
                     ----------------------------------------
                 Dated this the 3rd day of September, 2021

                                JUDGMENT

This writ petition was necessitated because of the

absence of functioning of Debt Recovery Tribunal-II,

Ernakulam due to the post of Presiding Officer falling vacant.

2. It is submitted by both the Counsels that the

Tribunal has started functioning since the charge of DRT-II,

Ernakulam is now given to DRT-I, Ernakulam. Accordingly,

reserving the liberty of the petitioners to move the Tribunal,

this writ petition is closed.

The interim order granted by this Court on 31.03.2021

shall continue till 30.09.2021 to enable the petitioners to

move to DRT-I for appropriate reliefs in accordance with law.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ/03.09.2021 OP(DRT)NO. 28 OF 2021

APPENDIX OF OP (DRT) 28/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 14.8.2017 IN WPC NO.24299/2017 ON THE FILE OF THIS HONOURABLE COURT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT 8.8.2019 IN WPC NO.20988/2019 ON THE FILE OF THIS HONOURABLE COURT.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 12.3.2021 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF SA NO.125/2021 ON THE FILE OF DEBT RECOVERY TRIBUNAL-II, ERNAKULAM.