IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 OP (DRT).No. 3196 of 2011(O) -------------------------------------- SA.15/2010 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER ------------------ SHANAVAS A.S., AGED 50 YEARS, S/O.SHAHUL HAMEED RAWTHER, RESIDING AT SHAHANAS, MUTHUKATTUKARA, PALAMEL, ALAPPUZHA DISTRICT. BY ADVS. SRI.SUNI M.D. SMT.V.SREEJA RESPONDENTS: ---------------------- 1. INDIAN BANK, SHANMUGHAM ROAD BRANCH, ERNAKULAM, PIN 682011, REPRESENTED BY ITS CHIEF MANAGER. 2. MANI C.KAPPAN, AGED 50 YEARS, S/O.CHERIAN KAPPAN, RESIDING AT KAPPIL HOUSE, PALA, KOTTAYAM-686575. R1 BY ADV. SRI. S. EASWARAN, SC, INDIAN BANK. THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMG O.P (DRT) No.3196/2011. APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE ORDER PASSED BY THE RECOVERY OFFICER DATED 09-03-2010. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG S. SIRI JAGAN, J. ------------------------------------------- O.P.(DRT) No.3196 OF 2011 ---------------------------------------------- Dated this the 2nd day of November, 2011 JUDGMENT The petitioner is an auction purchaser of certain properties which were put to sale by the Recovery Officer of the Debts Recovery Tribunal, Ernakulam for execution of a decree passed by the Debts Recovery Tribunal in an Original Application filed by the 1st respondent against the 2nd respondent. The 2nd respondent has filed an appeal, which is numbered as Appeal No.15/2010 against the orders of the Debts Recovery Tribunal, in which there is some interim orders pursuant to which the petitioner is not in a position to enjoy the property, which the petitioner has purchased in sale proceedings of the Recovery Officer. The appeal itself was heard as early as on 8.4.2011. No orders have been passed yet even after six months. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief: “i. Issue appropriate order directing Debts Recovery Tribunal, Ernakulam to dispose of SA No.15/2010 expeditiously within a time limit to be specified by this Hon'ble court. O.P.(DRT)No.3196/11 2 2. Complaints have been made by various parties including borrowers and financial institutions before me about delay in passing orders and issuing certified copies of the orders by the Debts Recovery Tribunal, Ernakulam. 3. In the above circumstances, by order dated 4.10.2011 I directed the Debts Recovery Tribunal to file a report as to the allegations of delay in passing orders and issuing certified copies of orders. The Tribunal has filed a report in the form of an affidavit on 22.10.2011. He relies on pressure of work as a justification for the delay. Perhaps the pressure of work may be a justification for not hearing cases early. But, I am unable to accept that explanation for the delay in passing judgments after reserving the cases for orders and in issuing certified copies of orders of judgments already passed. 4. In the above circumstances, I direct the Debts Recovery Tribunal to see that orders in matters reserving for orders/judgments are passed at least within one month from the date of hearing. Similarly certified copies of orders/judgments shall be issued, as expeditiously as possible, O.P.(DRT)No.3196/11 3 at least, within two weeks from the date of application. In this case, the learned Tribunal has sought one month's time to pass orders on the appeal. Having considered the request, I direct the the Debts Recovery Tribunal, Ernakulam to pass orders on Appeal No.15/2010 within three weeks from today. The O.P.(DRT) is disposed of as above. S. SIRI JAGAN, JUDGE acd O.P.(DRT)No.3196/11 4 O.P.(DRT)No.3196/11 5