IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 21036 of 2008(D) --------------------------------------- OA.NO.102/2007 OF DEBT RECOVERY TRIBUNAL,ERNAKULAM (KERALA & LAKSHADWEEP) .................... PETITIONERS/ DEFENDANTS: ------------------------------------------ 1. M/S.LOLIMA MAGNETIC PRODUCTS NO.473, WARD NO.II, RAYAMANGALAM, KURUPPAMPADY, REPRESENTED BY THE MANAGING PARTNER, JOHNY PAUL. 2. JOHNY PAUL, AGED 51 YEARS, S/O.LATE P.V.PAULOSE, PUTHENKUDY HOUSE, MUDICKARAI, KURUPPUMPADY, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. VALSA JOHNY, AGED 46 YEARS, W/O.JOHNY PAUL, PUTHENKUDY HOUSE, MUDICKARAI, KURUPPUMPADY, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.MANJU ANTONEY, SRI.K.JAYAKUMAR(CHERTHALA), SMT.LAYA FRANCIS, SRI.KURIAKOSE MATHEW. RESPONDENT: --------------------- THE FEDERAL BANK LIMITED, (KURUPPUMPADY BRANCH) REPRESENTED BY ITS CHIEF MANAGER, ASSET RECOVERY BRANCH, FEDERAL TOWERS, MARINE DRIVE, KOCHI - 682 031. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21036/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 27/05/2008 IN O.A. NO. 102/2007 OF THE HONOURABLE DEBT RECOVERY TRIBUNAL, ERNAKULAM. EXT.P.2: COPY OF THE I.A. 876/08 DTD.02/06/08 BEFORE D.R.T., ERNAKULAM FILED BY THE PETITIONER. EXT.P.3: COPY OF THE NOTICE DTD. 09/06/2008 ISSUED BY HONOURABLE DEBT RECOVERY TRIBUNAL, ERNAKULAM TO THE RESPONDENT. EXT.P.4: COPY OF THE I.A. 992/08 IN O.A. 102/07 FILED BY THE PETITIONER BEFORE THE HONOURABLE DEBT RECOVERY TRIBUNAL, ERNAKULAM TO STAY THE EXECUTION OF THE EXHIBIT P1 EXPARTE FINAL ORDER. EXT.P.5; COPY OF THE NOTICE DTD. 01/07/2008 ISSUED BY HONOURABLE DEBT RECOVERY TRIBUNAL, ERNAKULAM TO THE RESPONDENT. EXT.P.6: COPY OF THE NOTICE OF DEMAND TO THE CERTIFICATE DEBTORS, DTD. 23/06/2008 (D.R.C. NO. 2976/FB) IN O.A. 102/07, FROM THE RECOVERY OFFICER OF DEBT RECOVERY TRIBUNAL, ERNAKULAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.21036 of 2008-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of December, 2008. JUDGMENT The petitioner has filed Ext.P2 I.A.876/2008 before the DRT, K & L seeking to set aside the ex parte decree passed against him. In view of the interim order granted by this Court on 14-7-2008, including the clarification contained therein that the DRT will be at liberty to proceed and finalise the proceedings, it is ordered that Ext.P2 I.A. will be considered and disposed of by the DRT within an outer limit of three months from now. The interim order of stay granted by this Court would continue to govern the parties until then. All other contentions are left open. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/051108