Sreekala K S, v. State Bank of India
Case brief
What is this about?
OP(DRT) No.111 of 2025, Kerala High Court Ernakulam, decided 26.03.2025 by N. Nagaresh J.; dismissed as premature. Applicant Sreekala K S sought time-bound disposal by DRT-II Ernakulam of her Securitisation Application (Ext.P4) and Stay Petition (Ext.P5), both filed 20.03.2025, challenging State Bank of India's Section 14, SARFAESI Act 2002 proceedings (Ext.P3) against her residential property / secured asset. Court: applications merely numbered by Tribunal Registry; petitioner to move DRT herself for early disposal of stay petition. Background: husband-principal borrower's W.P.(C) No.43625/2024 instalment order of ₹44,29,525/- in eight equal monthly instalments with single-default liberty for coercive proceedings; schedule not adhered to; W.P.(C) Nos.8041/2025 and 11495/2025 dismissed as withdrawn. No precedent cited; no relief granted.
What did the court decide?
Since Ext.P4 Securitisation Application and Ext.P5 Stay Petition were filed only on 20.03.2025 and have been merely numbered by the Registry of the Tribunal, the petitioner cannot aspire for an early disposal of the Securitisation Application; for early disposal of the Stay Petition, the petitioner can very well move the Debts Recovery Tribunal.