Sylvia Benny vs The Federal Bank Ltd
2023 Latest Caselaw 10761 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MR.JUSTICE K. BABU
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                          OP (DRT) NO. 334 OF 2023
           OA 291/2013 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONERS:

       1        SYLVIA BENNY, AGED 53 YEARS
                W/O BENNY FRANCIS, VAZHAPPILLY HOUSE,
                EXCEL PARK, ERNAKULAM, KADAVANTHRA, ERNAKULAM,
                KERALA, PIN - 682020

       2        BENNY FRANCIS, AGED 57 YEARS
                S/O V.M FRANCIS, VAZHAPPILLY HOUSE, EXCEL PARK,
                ERNAKULAM, KADAVANTHRA, ERNAKULAM,
                KERALA   PIN - 682020

                BY ADVS.
                PARVATHI VENUGOPAL
                T.J.MARIA GORETTI
                HARITHA HARIDAS


RESPONDENT/APPLICANT:

1               THE FEDERAL BANK LTD, FEDERAL TOWER, ALUVA,
                BANK JUNCTION, ERNAKULAM DISTRICT. REPRESENTED BY
                ITS PRESENTING OFFICER, PIN - 683101

2               THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL-1,
                5TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR,
                ERNAKULAM-682036

                BY SRI. LEO GEORGE, SC



THIS       OP   (DEBT    RECOVERY     TRIBUNAL)     HAVING    COME   UP   FOR
ADMISSION        ON     19.10.2023,     THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 OP (DRT) NO. 334 OF 2023

                                        -2-




                               K. BABU, J.
                    ------------------------------------
                     O.P.(DRT) No.334 of 2023
                    -------------------------------------
                     Dated this the 19th day of October, 2023



                            JUDGMENT

The prayers in this Original Petition filed under Article 227 of

the Constitution of India are as follows:-

i. To direct the Debt Recovery Tribunal 1 Ernakulam to consider and pass orders on Ext.P2 M.A 132/2017 in O.A 291/2013 pending on its file at the earliest. ii. To direct the 2nd respondent to keep in abeyance in the Ext.P4 sale proclamation till a decision is taken on Ext.P2 M.A.132/2017 in O.A.291/2013 iii. To pass such other orders as the Hon'ble court may deem fit and proper and effective adjudication of the above case.

2. On 23.08.2023, this Court directed the Registry to obtain

a report from the Debts Recovery Tribunal -I, Ernakulam on the time

required for the disposal of M.A.No.132/2017 in O.A.No.291/2013 OP (DRT) NO. 334 OF 2023

(Ext.P2).

3. A report has been obtained from the Debts Recovery

Tribunal-I, Ernakulam stating that the matter could be disposed of

within two weeks.

4. Therefore, the Original Petition is disposed of directing

the Debts Recovery Tribunal -I, Ernakulam to dispose of

M.A.No.132/2017 in O.A.No.291/2013 (Ext.P2) within two weeks

from today.

Sd/-

K. BABU, JUDGE AS OP (DRT) NO. 334 OF 2023

APPENDIX OF OP (DRT) 334/2023

PETITIONER'S EXHIBITS:

EXHIBIT-P1 A TRUE COPY OF THE FINAL ORDER DATED 16.10.2014 PASSED IN O.A 291/2013 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT- P1.

EXHIBIT-P2 A TRUE COPY OF THE M.A 132/2017 FOR SETTING ASIDE THE EX-PARTE ORDER DATED 24/11/2017 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P2.

EXHIBIT-P3 A TRUE COPY OF THE PROCEEDINGS OF THE DRT 1 ERNAKULAM THE ABOVE M.A IS PRODUCED HEREWITH AND MARKED AS EXHIBIT- P3.

EXHIBIT-P4 A TRUE COPY OF THE NOTICE OF PROCLAMATION OF SALE ALONG WITH TENDER CONDITIONS DATED 22-6-2023 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P4.