IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 28305 of 2008(T) -------------------------- OA.224/2003 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- SRI.P.SATHYAN, PROPRIETOR, PROGRESS AGENCIES, PARAPOORAVLAPIL HOUSE, CHALISSERY P.O. KOTTANAD, PALAKKAD DISTRICT. BY ADV. SRI.G.JANARDHANA KURUP (SR.) SRI.JOHN K.GEORGE SRI.K.S.ARUN KUMAR RESPONDENT(S): --------------- 1. THE CATHOLIC SYRIAN BANK LTD., KOOTHANAD BRANCH, KOOTANAD P.O. 2. MODI RUBBERS LTD. COLLIS ESTATE, KOCHI - 16. 3. THE DEBT RECOVERY TRIBUNAL KHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM. 4. THE RECOVERY OFFICER, THE DEBT RECOVERY TRIBUNAL KHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM. ADV. SRI.B.S.KRISHNAN SC C.S.BANK FOR R1 SRI.K.ANAND (A.201) FOR R1 SMT.LATHA KRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.28305/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE I.A.NO.1051/07 DATED 7.6.07 IN OA NO.224/03. EXT.P2: THE TRUE COPY OF THE NOTICE DATED 25.4.2008 RECEIVED BY THE PETITIONER. EXT.P3: THE TRUE COPY OF THE IA NO.979/08 DATED 9.6.08. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28305 OF 2008 ------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT The petitioner is a defendant in O.A.No.224/03 before the Debts Recovery Tribunal, Ernakulam. This writ petition has arisen because there is no regular sitting in DRT. After hearing counsel for parties, I have passed an interim order on 23.9.2008 staying all further proceedings on the basis of the recovery certificate in that O.A. The petitioner, in effect, is trying to have the ex aprte order set aside, for which purpose, he had filed an application before the Tribunal on 15.6.2007. Under such circumstances, without expressing anything on merits, this writ petition is ordered directing that following the interim order granted on 23.9.2008, enforcement of the recovery certificate will stand stayed till the Tribunal passes orders on Ext.P3. The Tribunal is requested to consider expeditious disposal of the matter, if possible, even in any camp sitting. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.