IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 OP (DRT).No. 2043 of 2011(O) ------------------------------------ OA.222/2004 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONERS ----------------- 1. RAGHUL CONSTRUCTIONS PVT. LTD. VATTAMARAPPEL HOUSE, PARANTHEL PO, VIA PANDALAM PATHANAMTHITTA DISTRICT, NOW FUNCTIONING AT ANJALI PRINTERS, POST OFFICE ROAD KONNI, PATHANAMTHITTA DISTRICT REPRESENTED BY THE MANAGING DIRECTOR V.R. GOPINATHAN. 2. V.R. GOPINATHAN, S/O.LATE V.K.RAMAN, POST OFFICE ROAD, KONNI, PATHANAMTHITTA. 3. SULEKHA GOPINATHAN, W/O. V.R. GOPINATHAN POST OFFICE ROAD, KONNI, PATHANAMTHITTA. 4. C.S.SASIDHARAN, VRINDAVAN, CHENNEERKKARA, KULANADU PO, PATHANAMTHITTA DISTRICT 689 503. 5. THAMARA SASIDHARAN, W/O. C.S. SASIDHARAN, VRINDAVAN, CHENNEERKKARA, KULANADU PO, PATHANAMTHITTA DISTRICT 689 503. BY ADV. SRI.T.R.RAJESH RESPONDENT(S): -------------------- 1. DEBT RECOVERY TRIBUNAL KERALA AND LAKSHADWEEP, ERNAKULAM 682 036. 2. RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL,KERALA AND LAKSHADWEEP,ERNAKULAM 682 001. svs ...........2/-... ...2... OP(DRT).2043/2011 3. STATE BANK OF TRANVANCORE, HARIPPAD BRANCH, ALAPPUZHA DISTRICT - 690 514, REPRESENTED BY ITSBRANCH MANAGER. 4. SUNILKUMAR.S, S/O.SOMAN, THACHUITTIL, VADAKKETHIL, PUTHIYAKAVU,MAVELIKKARA, ALAPPUZHA DISTRICT - 690 101. 5. K.SUDARSAN, S/O. KARTHIKEYAN PYNINTEVADAKETHIL HOUSE, PATTOOR PO, ALAPPUZHA DISTRICT PIN 690 521. 6. RAJU SEBASTIAN, S/O.JOSEPH SEBASTIAN MUKKADAN HOUSE, THURUTHY PO, CHANGANASERY, KOTTAYAM DISTRICT - 686 101. 7. P.O.SUNNY, S/O. UMMEN PARAPPURATH VENMONY PO, CHENGANNUR - 689 121. R3 BY ADV. SRI. SATHEESH NINAN, SC. THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs OP(DRT). NO.2043/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER DATED 28/08/1998. P2: COPY OF THE POWER OF ATTORNEY DATED 16/09/1998. P3: COPY OF THE FINAL ORDER OF DRT DATED 20/09/2004. P4: COPY OF I.A. NO.2350/2004. P5: COPY OF THE DEMAND NOTICE DATED 06/01/2005. P6: COPY OF PETITION DATED 03/02/2005. P7: COPY OF THE ORDER DATED 20/05/2005. P8: COPY OF THE NOTICE DATED 17/01/2006. P9: COPY OF I.A. NO.2623/2009. P10: COPY OF THE PETITION DATED 10/12/2009. P11: COPY OF THE GAZETTE NOTIFICATION DATED 06/03/2010. P12: COPY OF THE SALE PROCLAMATION DATED 27/10/2009. P13: COPY OF THE CHART PREPARED BY THE PETITIONER. P14: COPY OF I.A. NO.104/2010 DATED 11/01/2010. P15: COPY OF THE ORDER IN I.A. NO.104/2010. P16: COPY OF THE APPEAL NO.18/2011. P17: COPY OF THE I.A. NO.2140/2010 IN APPEAL NO.18/2011. P18: COPY OF THE ORDER DATED 31/05/2011 IN I.A. NO.2140/2010. P19: COPY OF THE JUDGMENT DATED 30/05/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.K.ABDUL REHIM, J. ------------------------------- O.P.(DRT) No.2043 of 2011 ------------------------------- Dated this the 30th day of June, 2011. J U D G M E N T Subject matter of challenge in this writ petition is the sale conducted by the 2nd respondent Recovery Officer, pursuant to Ext.P12 proclamation, on 10.12.2009, in DRC No.1785/SBT/ALP in O.A.No.222 of 2004. 2. It is evident that the petitioner had approached the 2nd respondent seeking to set aside the sale. But the application filed in this regard was dismissed. Against dismissal of the said application, the petitioner had already filed appeal before the 1st respondent Tribunal as evidenced from Ext.P16. Along with the appeal, the petitioner had filed Ext.P17 application seeking stay of all further steps pursuant to the sale, till the disposal of the appeal. In Ext.P18, the 1st respondent Tribunal had issued an order, in which the petitioner was directed to comply with the condition precedent insisted upon for setting aside the sale as stipulated in Rules 61 of the IInd Schedule to the Income 2 O.P.(DRT) No.2043 of 2011 Tax Act 1961. However, the Tribunal had issued notice in the I.A. along with the appeal to the respondents. 3. The petitioner points out that respondents 4 and 5, who are two persons among the auction bidders, have approached this Court seeking an early disposal of the appeal pending before the 1st respondent Tribunal and Ext.P19 judgment this Court issued direction for disposal of the applications filed in O.A.No.222 of 2004 by the petitioner herein within one month. According to the petitioner the 1st respondent Tribunal may not allow the appeal in view of the directions contained in Ext.P19 judgment, and there is a chance of the Tribunal not staying further steps pursuant to the sale till the disposal of the appeal. On a perusal of Ext.P19 judgment, it is noticed that, there is no observation made by this Court in Ext.P19 judgment touching merits of the matter, which is pending disposal before the DRT. Therefore, I am of the view that, the apprehension expressed by the petitioners is totally baseless. Further I take note of the fact that, in Ext.P18 order the 1st respondent Tribunal had 3 O.P.(DRT) No.2043 of 2011 not disposed of the interim application. On the other hand, notice was ordered and the petitioner was directed to comply with Rule 61. Therefore, I find no reason to interfere with Ext.P18 order at this stage. 4. It is evident that the challenge against the sale conducted on 10.12.2009 is now pending adjudication before the 1st respondent Tribunal. It is for the petitioner to seek appropriate remedy from the said Tribunal. If any imminent coercive steps is apprehended, it is for the petitioner to appraise the factual aspects before the 1st respondent Tribunal and to seek appropriate interim relief. However, interference of this Court at this stage of the proceedings is totally unwarranted. 5. Therefore, the writ petition is dismissed without prejudice to the rights of the petitioner to seek appropriate remedy from the 1st respondent Tribunal. C.K.ABDUL REHIM, Judge ami/