IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 W.P(C).No. 14594 of 2008(K) -------------------------- AGAINST THE ORDER IN DRC 2610 IN O.A.220/2002 OF DEBT RECOVERY TRIBUNAL,PANAMPILLY NAGAR, ERNAKULAM. .................... PETITIONER: ----------- P.V.THAMBY,S/O.P.C.VARGHESE, AGED 54 YEARS,PROPRIETOR, M/S.P.V.S.RICE MILLS, KULAKAPARA,KOZHINJAMPARA, PALAKKAD. BY ADV. SRI.E.D.GEORGE RESPONDENTS: ------------ 1. SOUTH INDIAN BANK LTD., KOZHINJAMPARA BRANCH, PALAKKAD DISTRICT. 2. DEBTS RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, KERALA AND LAKSHADWEEP, ERNAKULAM. BY ADV. SRI.K.K.JOHN,SC,SOUTH INDIAN BANK - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 14594/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF NOTICE DATED 2/04/2007 ISSUED TO THE PETITIONER BY 2ND RESPONDENT. EXHIBIT P2 : TRUE COPY OF PETITION SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P3 : TRUE COPY OF NOTICE DATED 2/04/2008 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE scm THOTTATHIL B. RADHAKRISHNAN, J. ================================== W.P.(C).No. 14594 of 2008 - K ==================== Dated this the 4th day of September, 2008. J U D G M E N T Petitioner challenges proceedings in the course of sale before the Debt Recovery Tribunal. There is no jurisdictional error or legal infirmity in the impugned proceedings. Petitioner also did not satisfy the conditions imposed on him, while interim order was granted on 13.5.2008. As of now, all that he seeks is that only a portion of the property need be sold to generate the entire funds. This is a plea, he has to state before the Recovery Officer. Without prejudice to that, this writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. bkn/- 2