IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 33207 of 2008(C) ---------------------------------------------- OA.244/2007 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------------- 1. M/S.SUMMER SAND HILL RESORT & AYURVEDIC CENTRE, VAGAMON, VAGAMON.P.O, IDUKKI DISTRICT, REP. BY ITS MANAGING PARTNER, SRI. JACOB MATHEW. 2. JACOB MATHEW, KAVUMKAL HOUSE, VELLOOR.PO PAMPADY, KOTTAYAM, NOW RESIDING AT "550,STAFFORD RUN # 505, SUIT NO.505, STAFFORD, TEXAS, U.S.A". BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENT(S): ------------------------- 1. STATE BANK OF INDIA, ADB, CHANGANACHERRY CHANGANACHERRY, KOTTAYAM DISTRICT, KERALA. 2. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS CHIEF MANAGER, KOTTAYAM BRANCH, BRANCH OFFICE, M C ROAD, Y.W.C.A, KOTTAYAM. R1 BY SHRI K.K. CHANDRAN PILLAI, SC, SBI. R2 BY SHRI JAMES KURIAN, SC, KFC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 33207 OF 2008 C -------------------------------------- Dated this the 18th November, 2008 JUDGMENT Petitioners suffered an ex parte decree in OA No.244/07 filed by the first respondent. Petitioners have filed Ext.P2 application to set aside the ex parte order, accompanied by Ext.P1 application seeking condonation of delay in filing the application to set aside the ex parte final order. In the meantime, it is the complaint of the petitioners that recovery steps have been taken. Ext.P3 is the notice of demand issued. 2. I heard Shri K.P. Dandapani, learned senior counsel appearing for the petitioners, Shri K.K. Chandran Pillai, learned standing counsel appearing for the first respondent Bank, besides Shri James Kurian, learned standing counsel appearing on behalf of the second respondent KFC. In fact, Shri K.K. Chandran Pillai, learned counsel appearing for the first respondent Bank would submit that apart from the issuance of Ext.P3 notice, it is unlikely that steps will be taken at least for a WPC.33207/08 C 2 period of two - three months. In the light of this, the Writ Petition is disposed of directing the Debts Recovery Tribunal, Ernakulam to take up Exts.P1 and P2 on the next sitting itself and to pass orders thereon within a period of three weeks from the date on which the matter is taken up. Further proceedings pursuant to Ext.P3 shall be kept in abeyance till a decision is taken. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge