High Court for State of TelanganaWP/6197/2019disposed of no costs

Smt. Sambuinaramma v. Indian Overseas Bank

2019-03-26V Ramasubramanian,P.Keshava Rao3 pages

HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION No. 6197 of 2019 ORDER: (per V. Ramasubramanian, J)

1) Claiming that an ex parte judgment rendered by the Debts Recovery Tribunal in an application under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (for short " 1993 Act" ) should not be executed, the borrowers have come up with the above Writ Petition.

2) Heard Mr.Mohd.Gulam Rasool, learned counsel for the petitioners.

3) The respondent bank filed O.A.No.464 of 2018 on the file of the Debts Recovery Tribunal-I, Hyderabad, for recovery of money. Unfortunately, the petitioners herein who were the defendants were set ex parte and a judgment delivered on 08.11.2018.

4) It appears that the petitioners have filed an application in IA.AR No.4631 of 2018 under Section 22 (2) (g) of the 1993 Act for setting aside the ex parte judgment. That application is still pending. But in the meantime apprehending execution, the petitioners are before this Court.

5) It is not known from the material papers as to whether a certificate of recovery has been issued by the Recovery Officer of the Tribunal, pursuant to the ex parte judgment rendered on

08.11.2018. The question of executing the decree will arise only after the certificate of recovery is issued by the Recovery Officer. Therefore, it is premature for the petitioners to come up with the apprehension that the ex parte judgment will be enforced. All that the petitioners can today seek is the disposal of their application for setting aside the ex parte judgment.

6) Therefore, the Writ Petition is disposed of, directing the Tribunal to take up IA.AR No.4631 of 2018 and dispose of the same in accordance with law, within a period of two months from the date of receipt of a copy of the order.

As a sequel, miscellaneous petitions, if any, pending in the Writ Petition stand closed. No order as to costs. _____________________ V. RAMASUBRAMANIAN, J ________________ P. KESHAVA RAO, J March 26, 2019 gkv