IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 OP (DRT).No. 1356 of 2011(O) ------------------------------------------ IA.NO. 1492/08 IN OA.K-23/1999 of DEBT RECOVERY TRIBUNAL, ERNAKULAM OS.NO. 816/1995 of IIND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM .................... PETITIONER: -------------------- INDIAN BANK, SHANMUGHAM ROAD BRANCH, ERNAKULAM, KOCHI-682 031, REPRESENTED BY ITS CHIEF MANAGER. BY ADV. SRI.S.EASWARAN RESPONDENT(S): -------------------------- 1. M/S.BAINDS ASSOCIATES, FLAT NO.1-A3, SAMARIAS CENTRES, P.M.G.JUNCTION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR BASHEER M.PICHA.PIN- 695 004 2. BASHEER M.PICHA, S/O.MYTHEEN PICHA, BAINDS, LATEX ROAD, ULAMPARA, PEROORKADA, THIRUVANANTHAPURAM, NOW AT ANJALI, PAZHAVEEDU P.O., ALAPPUZHA DISTRICT.PIN-688 001 3. INDIRA BASHEER, W/O.BASHEER M.PICHA, BAINDS, LATEX ROAD, ULAMPARA, PEROORKADA, THIRUVANANTHAPURAM, NOW AT ANJALI, PAZHAVEEDU P.O., ALAPPUZHA DISTRICT.PIN- 688 001 4. M/S.BAINDS TOWERS (P) LTD., FLAT NO.1-A3, SAMARIAS CENTRE, P.M.G.JUNCTION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR BASHEER M.PICHA.PIN-695 004 5. DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI.600 001 6. DEBTS RECOVERY TRIBUNAL, ERNAKULAM.PIN-82 011 R1 TO R4 BY ADV. SRI.A.V.THOMAS SMT.M.M.JASMIN SRI.NIDHI SAM JOHNS THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(DRT)NO.1356/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 1/12/2000IN O.A.K.NO.23 OF1999 OF DRT, ERNAKULAM. P2 COPY OF THE ORDER DATED 29/4/2005 IN I.A.NO.58 OF 2003 AND 2277 OF 2004 IN O.A.K.23 OF 1999 OF THE DRT, ERNAKULAM. P3 COPY OF THE APPLICATION I.A.NO.1491 OF 2007 IN O.A.23 OF 1999 FILED BY THE PETITIONER. P4 COPY OF THE APPLICATION I.A.NO.1492 OF 2007 IN O.A.K.23 OF 1999 FILED BY THE PETITIONER. P5 COPY OF THE COMMON ORDER DATED 31/3/2008 IN O.A.NO.1491 AND I.A.NO.1492 OF 2008 IN O.A.K.23 OF 1999. P6 COPY OF THE MEMORANDUM OF APPEAL IN M.A.NO.248 OF 2008 FILED BY RESPONDENTS 1 TO 4 BEFORE THE APPELLATE TRIBUNAL P7 COPY OF THE ORDER DATED 24/8/2010 IN M.A.NO.248 OF 2008 OF THE APPELLATE TRIBUNAL, CHENNAI. P8 COPY OF THE APPLICATION FILED BY RESPONDENTS 1 TO 4 IN M.A.NO.248 OF 2008 BEFORE THE APPELLATE TRIBUNAL, CHENNAI. P9 COPY OF THE “A-DIARY” PROCEEDINGS OF THE 5TH RESPONDENT ON 28/3/2011 IN M.A.NO.248 OF 2008. P10 COPY OF THE APPEAL MEMORANDUM APPEAL NO.6 OF 2011 FILED BY RESPONDENTS 1 TO 4 BEFORE THE 6TH RESPONDENT. P11 COPY OF THE ORDER DATED 28/3/2011 IN APPEAL NO.6 OF 2011. P12 COPY OF THE ORDER DATED 28/3/2011 IN M.A.NO.248 OF 2008 OF THE DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. (DRT) No.1356 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2011 J U D G M E N T The matter relates to an appeal pending before the Debt Recovery Appellate Tribunal against orders of the Debt Recovery Tribunal. The petitioner in this writ petition is the Bank who advanced money to the respondents 1 to 4. They have obtained decrees which is pending in execution before the Debt Recovery Tribunal. It is against the orders refusing to set aside the exparte decree that the respondents 1 to 4 have filed the appeal before the Tribunal in which the Tribunal has ordered stay of opening of the tenders received by the bank in the tender proceedings initiated by the bank for sale of the mortgaged properties. The counsel for the petitioner submits that the stay granted by the Appellate Tribunal would prejudicially affect the bank insofar as the tenderers are threatening to withdraw the tenders if the proceedings are not finalized. 2. I have heard the counsel on both sides. 3. This court has passed an interim order on O.P. (DRT) No.1356 of 2011 2 24.05.2011, which reads as follows: “Heard learned counsel for the petitioner as well as the counsel appearing for respondents 1 to 3 in part. I am of the view that ends of justice will be achieved if the 5th respondent appellate tribunal takes steps for an expeditious disposal of Ext.P6 appeal. It is submitted that the matter now stands posted before the 5th respondent on 27.5.2011. The said Tribunal is directed to take effective steps for hearing of the appeal as far as possible, on the date of the above said posting itself or any near date to which it will be adjourned. Earnest efforts will be taken to dispose of the matter at the earliest possible.” Both sides agree that the Tribunal has heard the appeal finally on 03.06.2011 and orders have been reserved. In the above circumstances, this writ petition is disposed of with a direction to the Debt Recovery Appellate Tribunal to pass orders in MA Nos.248 & 249 of 2008 pending before it, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/