IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 28304 of 2008(T) ----------------------------------------------- OA.209/2006 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------------ SAFIYATH SHAMSUDDEEN, PROPRIETOR M/S. PANIPURACKAL AGENCIES, NORTH BAZAR, KAYAMKULAM, RESIDING AT PANIPURACKAL HOUSE, R.C CHURCH ROAD, KAYAMKULAM, ALAPPUZHA DIST. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENTS: --------------------- 1. THE CATHOLIC SYRIAN BANK LIMITED, (REGISTRERED OFFICE AT THRISSUR), KAYAMKULAM BRANCH, REPRESENTED BY ITS MANAGER, KAYAMKULAM BRANCH, ALLEPPEY DISTRICT. 2. THE CATHOLIC SYRIAN BANK LTD., REPRESENTED BY ITS ZONAL MANAGER, OFFICE, KOTTAYAM. 3. AUTHORISED OFFICER, THE CATHOLIC SYRIAN BANK LTD, BRANCH OFFICE, MAIN ROAD, P.B.NO. 18, KAYAMKULAM 690502. BY SHRI R.S. KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 28304 OF 2008 T -------------------------------------- Dated this the 24th September, 2008 JUDGMENT Petitioner availed a loan and defaulted payment. Respondent Bank proceeded for recovery and obtained Decree. Petitioner has filed application for setting aside the ex parte Decree. In the meantime, in execution of the order, the property of the petitioner is brought to sale. It has brought the petitioner to this Court. Petitioner has also filed Ext.P5 application for waiver of interest. 2. I heard the learned counsel appearing for the petitioner and Shri R.S. Kalkura, learned standing counsel appearing on behalf of the respondent Bank. Complaint of petitioner is that there was no sitting and Ext.P2 application has not been considered and yet, the property is brought to sale. I would think that since the application for setting aside the Decree is pending, that should be considered before the property is brought to sale. At the same time, a decision should be taken on WPC.28304/08 T 2 Ext.P2 at the earliest. I also feel that a decision can be ordered to be taken on Ext.P5. Accordingly, the Writ Petition is disposed of as follows: There will be a direction to the Debt Recovery Tribunal, Ernakulam Bench to take up Ext.P2 and pass orders thereon in accordance with law at the earliest. Till such time as orders are passed, there will be a further direction that the recovery proceedings pursuant to the ex parte Decree will stand deferred. There will also be a direction to the first respondent Bank to consider and take a decision on Ext.P5 in accordance with law, within a period of three weeks from the date of receipt of a copy of this Judgment. Registry shall communicate this Judgment to the Debt Recovery Tribunal, Ernakulam. Sd/= K. M. JOSEPH, JUDGE kbk. //True Copy// PS to Judge