SREEKUTTAN C.S. Vs. CANARA BANK (ERSTWHILE SYNDICATE BANK)

JUDGEMENT

(1.) The petitioner, who is the 1st respondent in O.A. 649 of 2014 on the file on the Debt Recovery Tribunal-I, Ernakulam, has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Tribunal not to return the original title deeds marked as Ext.A61 to Ext.A65 in O.A.No.649 of 2014 to the respondent Bank without and before giving an opportunity to the petitioner to challenge the sale alleged to have held on 12.02.2020, by furnishing the details of the sale, as requested by the petitioner in I.A.No.966 of 2020 filed in that original application.

(2.) The document marked as Ext.P1 is the application filed by the 1st respondent Bank, i.e., I.A. No.751 of 2020, seeking an order to return the original title deeds produced before the Tribunal as Exts.A61 to A65 along with O.A.No.649 of 2014, by substituting the same with certified copies obtained from the Tribunal; and the document marked as Ext.P3 is the application filed by the petitioner herein, along with two others, who are defendants 1, 2 and 7 in O.A.No.649 of 2014, i.e., I.A. No.966 of 2020, seeking an order to direct the Bank to issue all the details of the auction alleged to have been conducted on 12.02.2020, as specifically requested in that application.

(3.) On 03.11.2020, when this original petition came up for consideration, the Registry was directed to call for a report from the Debt Recovery Tribunal, as to the present status of Exts.P1 and P3 applications. Pursuant to that order, the Registry has obtained a report dated 05.11.2020 from the Tribunal, wherein it is stated that those interlocutory applications have already been heard and they are listed to 19.11.2020 for orders.