IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 OP (DRT).No. 629 of 2011(O) --------------------------- SA.150/2008 of DEBT RECOVERY TRIBUNAL, ERNAKULAM ....................... PETITIONER (S): ---------------- STATE BANK OF INDIA, REPRESENTED BY ITS ASST. GENERAL MANAGER, STRESSED ASSET RESOLUTION CENTRE (NOW NAMED AS STRESSED ASSET RESOLUTION BRANCH), ZONAL OFFICE, 1ST FLOOR, CHILD WELFARE COMPLEX, L.M.S.COMPOUND, THIRUVANANTHAPURAM. BY ADV. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL SRI.BOBBY THOMAS SRI.TONY INCHIPARAMBIL RESPONDENT(S): --------------- 1. VISHNU MEDICALS T.C. 2/1449, MURINJAPALAM JUNCTION, OPP. COSMOPOLITAN HOSPITAL, POTTAKKUKZHY ROAD, PATTOM P.O., THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS PARTNER AJAY KUMAR. 2. SRI.AJAY KUMAR, S/O.SUKUMARAN, K.P.SADANAM, EDAVAKAD, SREEKARIAM P.O., THIRUVANANTHAPURAM-695017. 3. SMT.GIRIJA KUMARI, D/O.SARASWATHY, W/O.THANKARAJ, KARIYARUVILA VEEDU, THIRUVIKKAL P.O THIRUVANANTHAPURAM-695031. 4. THE DEBTS RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP), REPRESENTED BY ITS REGISTRAR, 5TH FLOOR, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI-682 036. ADV. SRI.MOHAN JACOB GEORGE FOR R1-R2 SMT.P.V.PARVATHY FOR R1-R2 SMT.REENA THOMAS FOR R1-R2 SRI.L.RAM MOHAN FOR R1-R2 THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 30/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU O.P.DRT.NO.629/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF COUNTER AFFIDAVIT DATED 28/9/2009 FILED TO THE STAY PETITION. RESPONDENT'S EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU S. SIRI JAGAN, J. ------------------------------------------- O.P.(DRT) No.629 OF 2011 ---------------------------------------------- Dated this the 30th day of September, 2011 JUDGMENT A bank, which is a respondent in an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, seeks expeditious disposal of the S.A. before the 4th respondent Debt Recovery Tribunal on the ground that although more than one and a half years are over after hearing the same, no orders have been passed yet. 2. I have heard the learned counsel for respondents 1 to 3 also. The Securitisation application is of the year 2008. The same is numbered as S.A. 150/2008. I am of opinion that after having heard the same one and a half years ago, there is no justification for the Tribunal in delaying passing orders that too for one and a half years. In the above circumstances, this writ petition is disposed of directing the Debt Recovery Tribunal, Ernakuam, the 4th respondent herein to pass orders on S.A.No.150/2008 pending O.P.(DRT)No.629/11 2 before it, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. I make it clear that if because of the passage of time it is necessary to rehear the S.A, the Tribunal shall do so. But, in any event, orders shall be finally passed within the time stipulated above. S. SIRI JAGAN, JUDGE acd O.P.(DRT)No.629/11 3