IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 3100 of 2008(R) ------------------------- AGAINST THE ORDER IN OA.98/2000 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ MINI ABRAHAM, W/O ABRAHAM, D/O KURUVILA, AGED 40 YEARS, SHARON, BIRLA COLLEGE ROAD, KALYAN WEST, MUMBAY, MAHARASHTRA STATE. BY ADV. SRI.VINUCHAND RESPONDENTS: ------------- 1. INDIAN BANK, SHANMUGAM ROAD BRANCH, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. 2. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. R1 BY ADV.SRI.S.EASWARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.3100 of 2008-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of January, 2008. JUDGMENT 1.The petitioner is a respondent in a proceedings before the Debts Recovery Tribunal. After the award was passed, she has filed two applications, one to set aside the decree on the ground that she was not heard and another, to condone delay of more than 1159 days in filing the application to set aside the award. The complaint of the petitioner, as of now, is that the Recovery Officer is proceeding with steps and has posted the case for sale, though the petitioner's application for setting aside the ex parte decree cannot be now considered by the Tribunal since the Presiding Officer is on leave. I am not impressed. It needs to be considered by the Tribunal as to whether the delay has to be WP(C)3100/2008 -: 2 :- condoned and still further, whether there is any ground to set aside the ex parte decree. It is also within the reach of the Tribunal to take recourse to redressal measures, if the decree is ultimately interfered with. I do not find any ground to issue any direction. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/