IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 W.P(C).No. 13705 of 2008(F) -------------------------- AGAINST THE ORDER DATED 24/01/2008 IN IN OA 260/2000 IN DRC.1734/2007 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ANNAKUTTY,W/O.JACOB,PICHAPILLI HOUSE, THEKKEPUNNAMATTOM KARA,KADAVOOR VILLAGE. BY ADV. SRI.P.V.BABY RESPONDENTS: 1. THE BRANCH MANAGER,FEDERAL BANK LTD, KALLOOR BRANCH,KALLOORKADU. 2. JOMON JACOB,S/O.JACOB,PICHAPILLIL HOUSE,SOUTH PUNNAMATTOM,KADAVOOR P.O,ERNAKULAM. DIST. 3. M/S.JMT ENTERPRISES,SOUTH PUNNAMATTOM, KADAVOOR P.O,REP.BY MANUEL JACOB. 4. THE RECOVERY OFFICER,DEBTS RECOVERY TRIBUNAL,KERALA BRANCH,ERNAKULAM. 5. V.K.ABDUL SALAM,S/O.KOCHAHAMMED, VADAKKEKUDIYIL HOUSE,POYYASSERRY P.O, PERUMBAVOOR,ERNAKULAM DISTRICT. BY ADV. SRI.MOHAN JACOB GEORGE - R2 SMT.P.V.PARVATHI - R1 SMT.REENA THOMAS - R1 SRI.L.RAM MOHAN - R1 SRI.C.KHALID - R1 SRI.N.GOPINATHA PANICKER - R5 SRI.R.O.MUHAMED SHEMEEM - R5 SRI.T.P.SAJID - R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 13705/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE PHOTOCOPY OF THE PARTITION DEED DATED 4/09/1995 BEARING No.2415/1995 OF THE SUB REGISTRY OFFICE, POTHANICAD. EXHIBIT P2 : TRUE PHOTOCOPY OF THE SALE DEED NO. 63/1999 DATED 14/01/1999 OF THE SUB REGISTRY OFFICE, POTHANICAD. EXHIBIT P3 : TRUE PHOTOCOPY OF THE DOCUMENT DATED 23/11/2000 BEARING NO.2094/1/2000 OF THE SUB REGISTRY OFFICE, POTHANICAD. EXHIBIT P4 : TRUE PHOTOCOPY OF THE APPLICATION AND AFFIDAVIT FILED IN SUPPORT THEREOF, BY THE PETITIONER BEFORE THE 4th RESPONDENT IN THE MONTH OF MAY 2006 IN DRC 1734. EXHIBIT P5 : TRUE PHOTOCOPY OF I.A. NO. 2177/2007 IN DRC 1734 AND THE AFFIDAVIT FILED IN SUPPORT THEREOF, DATED 26/12/2006, BY THE PETITIONER BEFORE THE 4th RESPONDENT. EXHIBIT P6 : TRUE PHOTOCOPY OF I.A. NO. 2178/2007 IN DRC 1734 AND THE AFFIDAVIT FILED IN SUPPORT THEREOF, DATED 26/12/2006, BY THE PETITIONER BEFORE THE 4thRESPONDENT. EXHIBIT P7 : TRUE PHOTOCOPY OF OBJECTION FILED BY THE 1st RESPONDENT IN EXT. P6. EXHIBIT P8 : TRUE PHOTOCOPY OF JUDGMENT DATED 17/01/2008 IN W.P(C) NO.2105/2008 OF THIS HON'BLE COURT. EXHIBIT P9 : TRUE PHOTOCOPY OF THE AUCTION NOTICE DATED 4/12/2007 ISSUED BY THE 4th RESPONDENT. EXHIBIT P10: TRUE PHOTOCOPY OF THE ORDER DATED 24/01/2008 IN I.A. NO. 2177/07 &I.A. NO. 2178/07 IN DRC 1734 in O.A 260 OF 2000 ISSUED BY THE 4th RESPONDENT. EXHIBIT P11: TRUE PHOTOCOPY OF JUDGMENT DATED 27/03/2008 IN W.P(C) NO. 4539/2008 OF THIS HON'BLE COURT. W.P(C).No. 13705/2008 EXHIBIT P12: TRUE PHOTOCOPY OF THE APPLICATION I.A. NO. 601 OF 2008 IN APPEAL NO. 31/2008 FILED BY THE PETITIONER BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM. EXHIBIT P13: TRUE PHOTOCOPY OF THE APPLICATION I.A. NO.666 OF 2008 IN APPEAL NO. 31/2008 FILED BY THE PETITIONER BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM. /TRUE COPY/ P.A. TO JUDGE scm. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13705 OF 2008 ------------------------------------------- Dated this the 10th day of July, 2008 JUDGMENT By Ext.P11 judgment, a claim petition filed by the petitioner was ordered to be decided. As per interim order dated 29.4.2008 in this case, the learned Judge had issued an order that further proceedings in the sale shall be only after passing orders on Ext.P13 herein in view of Ext.P11 judgment. That order does not, in any manner, stand in the way of the recovery officer or the DRT finally disposing of the matter which require consideration in terms of Ext.P11. The Bank has a grievance that the claim petition before the DRT had been taking adjournments under the guise of the pendency of this writ petition. No orders are called for in this writ petition except to maintain the interim orders dated 29.4.2008 and take it to its logical end. Thus, the order dated 29.4.2008 in this case that further proceedings in the impugned sale shall be only after passing orders on Ext.P13 in view of Ext.P11 judgment, is made absolute and this writ petition is ordered accordingly, leaving open all other contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.11/7.