IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 20905 of 2010(K) -------------------------------------- SA.248/2009 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): -------------------- CANARA BANK, SME BRANCH, JAIL ROAD, KOZHIKODE, REP.BY MANAGER. BY ADV. SRI.V.B.HARI NARAYANAN RESPONDENT(S): -------------------------- 1. PRESIDENT OFFICER, DEBTS RECOVERY TRIBUNAL, K.S.H.B.BUILDING, 5TH FLOOR, PANAMPILLY NAGAR, COCHIN-36. 2. P.PUSHPARAJ, S/O.P.RAGHAVAN, PROPRIETOR M/S.COOLING POINT, PALLARKANDY HOUSE, P.K.PANICKER ROAD, NEAR 6TH RAILWAY GATE, KKOZHIKODE-673 011. 3. KERALA KETTIDA NIRMANA KSHEMA NIDHI SREEPADAM BUILDINGS, CHEROOTY ROAD, KOZHIKODE, REPRESENTED BY ITS SECRETARY. R1 BY ADVS. SRI.S.JAMAL, CGC R2 BY SRI.GIGIMON ISSAC SRI.BABY THOMAS R3 BY SRI.M.L.SAJEEVAN, SC, K.B & O.C.W.W.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 20905 OF 2010 -------------------------------------------- Dated this the 3rd day of August, 2010 JUDGMENT The grievance of the petitioner is with regard to the inordinate delay in finalising the proceedings pending before the 1st respondent DRT in SA No. 248/2009, which has been preferred by the 2nd respondent. 2. The case of the petitioner is that, the 2nd respondent had availed a loan from the petitioner Bank creating security interest over the property in question. But since the repayment was not effected as scheduled, proceedings were taken under the SARFAEASI Act, leading to sale of the property in public auction and the 3rd respondent turned to be the successful bidder, who deposited the entire sale consideration of Rs.24 lakhs. But before issuance of the sale certificate, the 2nd respondent approached the 1st respondent Tribunal by filing SA 248/2009, wherein an interim order of stay was passed and the matter was adjourned several times and finally heard on 30.10.2009. Final orders are still to be passed which made the petitioner Bank to approach this Court by filing the present Writ Petition. 3. Heard the learned standing counsel appearing for the 1st respondent and the learned counsel appearing for the 2nd respondent as well. 2 WP(C) No. 20905/2010 4. Considering the limited nature of relief prayed for and more so since the hearing of the S.A. is already over on 30.10.2009, the 1st respondent is hereby directed to pass final orders on SA 248/2009 in accordance with law as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc