HDFC BANK LTD. Vs. DEBTS RECOVERY TRIBUNAL-I

JUDGEMENT

(1.) Petitioner was the applicant in OA.No.593/2017 before the Debt Recovery Tribunal-I, Ernakulam. The final order in the said original application was rendered on 30/8/2018 pursuant to which a recovery certificate was issued. While the recovery proceedings were continuing, respondents 3 to 5, who were the borrowers and guarantors, cleared the entire liability. On repaying the entire liability, petitioner filed an application before the Tribunal seeking to recall the recovery certificate issued by the Tribunal as well as for the return of original sale deed No.525/1/2013 of the Sub Registry Office, Kochi, produced and marked as Ext.A9 before the Tribunal. The grievance of the petitioner is that due to the non-functioning of the Tribunal for the last several months, petitioner is unable to abide by their obligation to return the title deeds to respondents 3 to 5. It is in such circumstances that they have invoked the jurisdiction of this Court under Article 227 of the Constitution of India.

(2.) Adv.C.M.Ebrahim, who appeared for respondents 3 to 5 submitted that they were the borrowers and had with great difficulty cleared the entire liability due to the bank on the basis of an understanding and they are entitled to receive the documents of title submitted before the Tribunal. It was pointed out that the delay in getting the title deeds is causing great prejudice to them and the absence of the Presiding Officers of the Tribunal has upset their entire financial planning.

(3.) Having considered the contentions raised and on a perusal of the pleadings, I am of the view that this is a fit case where the jurisdiction of this Court under Article 226 of the Constitution of India can be invoked.