NIRMAL JOB A Vs. FEDERAL BANK LIMITED

JUDGEMENT

(1.) I see a rather uncommon factual scenario in this writ petition, wherein the petitioners impugn an order issued by the Debts Recovery Tribunal attaching the salary of the 1st petitioner before judgment, which order is then followed immediately-almost simultaneously, by a Final Order in the Original Application itself.

(2.) Under challenge herein is Ext.P3 order issued by the Debts Recovery Tribunal, Ernakulam (DRT for short), as per which 50% of the net salary of the 1st petitioner, drawn by him from the 2nd respondent-Cochin University of Science and Technology (CUSAT for short), has been directed to be attached before judgment and remitted into the loan account availed of by the petitioners from the 1st respondent-Federal Bank.

(3.) The petitioners fervently assert that the DRT has acted without statutory competence and without purpose; particularly because the Original Application, in which the interim application was filed by the Bank, was also finally disposed of on the same day, virtually within a time difference of minutes of each other.