IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 OP (DRT).No. 2016 of 2011(O) -------------------------- PETITIONER: -------------------- SEENA,W/O.SUBASH, CHARUVILLA PUTHENVEEDU, KOTTATHALA PADINJAREMURI, PUTHOOR VILLAGE, VENDAR.P.O, KOLLAM DISTRICT. BY ADVS. SRI.M.K.CHANDRAMOHAN DAS SRI.R.NIKHIL RESPONDENT(S): ------------------------- 1. THE DEBTS RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP), PANAMPALLI NAGAR, ERNAKULAM, PIN - 682 020. 2. THE AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION, VAZHUTHAKKADU, P.B.NO.2288, THIRUVANANTHAPURAM-695014. 3. GEETHA KUMARI.K, W/O.THULASIDHARAN, DWARAKA, KARIMBINPUZHA, PUTHOOR, KOLLAM-691513. R2 BY ADVS. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE SRI.A.S.SAJUSH PAUL R3 BY ADV. SRI.V.PREMCHAND THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP (DRT).No. 2016 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE UNREGISTERED S.A. (I.D NO. 6089). EXT.P2 : COPY OF I.A. NO. 1188/2010 IN UNREGISTERED S.A. (I.D. NO. 6089). EXT.P3 : COPY OF I.A. NO. 1187/2010 IN UNREGISTERED S.A. (I.D. NO. 6089). EXT.P4 : COPY OF ORDER IN I.A. NO. 1188/2010 IN UNREGISTERED S.A. (I.D. NO. 6089). EXT.P5 : COPY OF I.A. NO. 114/2011 IN UNREGISTERED S.A. (I.D. NO. 6089). EXT.P6 : COPY OF I.A. NO. 113/2011 IN UNREGISTERED S.A. (I.D. NO. 6089). RESPONDENT'S EXHIBITS: EXT.R3(a) : COPY OF THE DOCUMENT DATED 01.09.2008. //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. (DRT) No.2016 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2011 J U D G M E N T The writ petition relates to proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) Act initiated by the 2nd respondent in respect of certain properties. The petitioner lays claim to those properties. The 3rd respondent who is the borrower also takes the stand that the property in question belongs to her. Admittedly, the issue is pending before the Debts Recovery Tribunal. In respect of the issue involved, Exts.P1, P2, P5 & P6 petitions are pending before the Tribunal. The petitioner has filed this writ petition seeking a direction to the 1st respondent - Tribunal to dispose of those applications, expeditiously. It is submitted by the counsel for the Bank that, those applications were heard sometime back. If that be so, it is only appropriate that the 1st respondent passes orders on O.P. (DRT) No.2016 of 2011 -2- those applications, expeditiously. Therefore this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Exts.P1, P2, P5 & P6 applications, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. I make it clear that the interim order which I had passed on 19.07.2011 stands vacated. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/