IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 20428 of 2010(C) --------------------------------------- SA.190/2008 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ----------------------- THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, SARC, KOZHIKODE. BY ADV. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH, SRI.K.JAYESH MOHANKUMAR, SMT.ANJU P.NAIR. RESPONDENT(S): -------------------------- K.BASHEER, KOODATHAL, PADANILAM P.O., KUNNAMANGALAM, KOZHIKODE, PIN-670 002. BY ADV. MR.O.D. SIVADAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 20428/2010-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE S.A.190/2008 FILED BY RESPONDENT BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 06/10/2008. EXT.P2: COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER BANK IN S.A.190/2008 D.R.T., ERNAKULAM DATED 13/02/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.R.RAMACHANDRA MENON, J ........................................... WP(C).NO.20428 OF 2010 ............................................ DATED THIS THE 12TH DAY OF JULY, 2010 JUDGMENT The petitioner Bank is aggrieved of the inordinate delay in finalising Ext.P1 proceedings by DRT, Ernakulam, which is moved at the instance of the respondent seeking to stole the proceedings taken by the Bank under the SARFAESI Act for recovery of the loan amount under the transaction. The counsel for the petitioner submits that the respondent availed a housing loan of Rs.11,00,000/- from the Bank on 29.12.2005 creating security interest over the property in question; but did not chose to honour the commitment in repaying the monthly instalments, under which circumstances, the account was declared as NPA and the bank proceeded with further steps which were sought to be intercepted by filing WP(C)No.2841 of 2007, which was disposed of by this court as per judgment dated 31.1.2007, whereby the petitioner was permitted to clear the overdue account by way of instalments enabling him to have the loan account regularised and to effect future EMI without fail. The learned counsel submits that the Wpc 20428/2010 2 payment was not effected by the respondent; but again approached this court by filing R.P.No.834 of 2007, which was disposed of as per order dated 14.9.2007 giving time upto 28.9.2007 to clear the dues. In spite of the indulgence shown by this court, the respondent did not make use of the said opportunity and under such circumstances, the Bank was constrained to file CMP No.1349 of 2008, under Section 14 of the SARFAESI Act approaching the concerned CJM for rendering the necessary assistance to take physical possession of the property. 2. Met with the said circumstances, the respondent approached the DRT by filing S.A.190 of 2008 as evidenced by Ext.P1, wherein Ext.P2 written statement has been filed by the Bank explaining the sequence of events. The matter was adjourned by the Tribunal on several occasions giving postings on 6.9.2009, 7.7.2009, 30.7.2009 and finally the matter stands adjourned to 19.7.2010. The learned counsel submits that the proceedings was dismissed twice for default and subsequently it was restored to file. On one occasion, when the respondent was absent, the Tribunal even chose to send notice to the party and adjourned the matter further. Because of the course pursued Wpc 20428/2010 3 by the Tribunal, the matter is getting delayed causing much hardship to the rights of the petitioner Bank, which is sought to be intercepted by filing this writ petition to give necessary directions to have the matter finalised within a specified time. 4. In the above facts and circumstances, the DRT, Ernakulam is directed to consider S.A.190 of 2008 and pass final orders thereon, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. It is made clear that the stipulation of the time limit as specified herein shall be strictly adhered to by the Tribunal. Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE lgk