Referring to the default on the part of the borrowers, the respondent Bank filed O.A. No.387 of 2011 before the DRT, Ernakulam, wherein the petitioner and his wife have been arrayed as defendants. The defendants in the O.A. were set exparte on 15.05.2012 and subsequently the O.A. was allowed on 10.07.2012, passing final order on that day.
2. The case of the petitioner is that, no proper notice was issued to the petitioner and his wife and as such, the finalisation of the proceedings, without giving sufficient opportunity to contest the matter, is per se wrong and unsustainable in all respects. The petitioner, in the said circumstances, has filed Exts.P1 and P2 applications for setting aside the exparte verdict and also to condone the delay in filing the concerned petitions. It is without any regard to the pendency of the above proceedings filed nearly two years ago, that the sale proclamation has been issued as per Ext.P3 notice on 12.08.2014 by the recovery officer O.P. (DRT) No.85 of 2014 2 of the Tribunal and hence under challenge in this petition.
3. The learned counsel for the petitioner submits that, much loss and hardships have been caused to the petitioner, because of the course pursued by the respondent Bank in connection with the recovery proceedings.
4. The learned counsel appearing for the respondent Bank submits that, Ext.P3 notice is only with regard to the 'settlement of proclamation' and is not a notice of sale. However, in view of the undisputed fact that the petitioner has already approached the Tribunal by way of filing Exts.P1 and P2, the said applications have necessarily to be considered and finalised within a reasonable time, if the same have not been disposed of so far.
5. In the said circumstances, this petition is disposed of, directing the Tribunal to finalise Exts.P1 and P2, passing appropriate orders in accordance with law, at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.
No coercive proceedings by sale of the property shall be conducted before passing final orders on Exts.P1 and P2 as O.P. (DRT) No.85 of 2014 3 above.
Petitioner shall produce a copy of this judgment, along with a copy of the petition, before the Tribunal and the Recovery Officer, for further steps.
P.R. RAMACHANDRA MENON, JUDGE sp