IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 24251 of 2009(B) -------------------------- SA.48/2006 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: --------------- STATE BANK OF TRAVANCORE, KOTTAYAM MAIN BRANCH, REPRESENTED BY ITS ASST. GENERAL MANAGER & AUTHORISED OFFICER, THIRUNAKKARA, KOTTAYAM-686 601. BY ADV. MR. T.SETHUMADHAVAN MR. PUSHPARAJAN KODOTH MR. K.JAYESH MOHANKUMAR MS. VANDANA MENON MS. ANJU P.NAIR RESPONDENTS: --------------- 1. JOSE GEORGE, AGED 46 YEARS, S/O. GEORGE, VAKKAYIL HOUSE, MATTAKKARA, PADUVA P.O., KOTTAYAM. 2. JOGI GEORGE, AGED 41 YEARS, S/O. GEORGE, VAKKAYIL HOUSE, MATTAKKARA, PADUVA P.O., KOTTAYAM. 3. V.O.GEORGE, AGED 76 YEARS, S/O. OUSEPH, VAKKAYIL HOUSE, MATTAKKARA, PADUVA P.O., KOTTAYAM. 4. GRACY GEORGE, AGED 71 YEARS, W/O. GEORGE, VAKKAYIL HOUSE, MATTAKKARA, PADUVA P.O., KOTTAYAM. 5. JOSHY GEORGE, AGED 33 YEARS, S/O. GEORGE, VAKKAYIL HOUSE, MATTAKKARA, PADUVA P.O., KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 24251 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 25th day of August, 2009 JUDGMENT The petitioner Bank has approached this Court challenging the course and proceedings being pursued by the DRT, Ernakulam in considering and finalizing Exts. P1 and P2 stating that, inordinate delay in this regard is causing irreparable loss and hardships to the petitioner. 2. The learned counsel for the petitioner submits that, in the course of proceedings taken by the Bank for realization of the due amount from the respondent, which as on date comes to more that Rs. 7 crores, the respondent filed S.A. 48 of 2006 as borne by Ext.P1 along with Ext.P2 interlocutory application for pursuing the proceedings as an indigent person and Ext.P4 application for stay. The case of the petitioner Bank is that, the DRT has granted absolute stay in Ext.P:4 application and that despite the clear mandate under Section 17 (5) of the SARFAESI Act to have the matter finalized and disposed of within 60 days, the Tribunal is simply keeping the matter pending for more than 3 years, which is under challenge in this Writ Petition. 2. Considering the nature of relief sought for and proposed to be given, this Court does not find it necessary to issue any notice to the respondents 1 to 5. WP (C) No. 24251 of 2009 : 2 : 3. The DRT, Ernakulam is directed to finalize Ext.P1 and Exts. P2 and P4 I.As in accordance with law, of course after hearing all the parties concerned, including the respondents herein (applicants to the proceedings before the DRT), as expeditiously as possible, at any rate, within 6 months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd