IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 14681 of 2008(W) -------------------------- DRC.1666/2008 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ 1. M.A.MOHAMMED, S/O.ABDUL RAHIMAN, MADATHILAKOTHOOTTU HOUSE, PURAYAR DESOM PO, ALUVA, ERNAKULAM,. 2. PATHUMMA ABDUL RAHIMAN, W/O.ABDUL RAHIMAN,PETTIPPARAMBIL, PARAPPURAM, PERUMBAVOOR, ERNAKULAM DIST,. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY RESPONDENTS: ------------- 1. RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL,AT ERNAKULAM. 2. UNION BANK OF INDIA, PERUMBAVOOR BRANCH, ERNAKULAM, REP,.BY ITS MANAGER. 3. M/S.SWAPNA BONE MEAL COMPANY PVT.LTD, REGISTERED OFFICER,17, FISH MARKET ROAD, PERUMBAVOOR, ERNAKULAM. 4. K.H.ABDULLA, MANAGING DIRECTOR, M/S.SWAPNA BONE MEAL COMPANY PVT.LTD, KONNAMKUDI HOUSE, PERUMBAVOOR, ERNAKULAM. 5. MOHAMMED GADHAFI, S/O.K.H.ABDULLA, DIRECTOR, M/S.SWAPNA BONE MEAL COMPANY PVT.LTD, KONNAMKUDI HOUSE, PERUMBAVOOR, ERNAKULAM. WP(C).14681/08 2 6. P.A.ISHA, W/O.K.H.ABDULLA, DIRECTOR, M/S.SWAPANA BONE MEAL COMPANY PVT.LTD KONNAMKUDI HOUSE, PERUMBAVOOR, ERNAKULAM. R2 BY ADV. SRI.A.V.THOMAS SRI.JOJO GEORGE SRI.NIDHI SAM JOHNS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.14681/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE PHOTOCOPY OF DESCRIPTION OF PROPERTY OF THE 3RD RESPONDENT COMPANY. EXT.P2: TRUE PHOTOCOPY OF THE JUDGMENT DATED 28.1.2008 IN W.A.2355/07 OF THIS HONOURABLE COURT. EXT.P3: TRUE PHOTOCOPY OF THE SALE NOTICE OF THE 1ST RESPONDENT. EXT.P4: TRUE PHOTOCOPY OF THE APPLICATION AS I.A.772/08 IN DRC.NO.1666/UBI/EKM BEFORE THE 1ST RESPONDENT. EXT.P5: TRUE PHOTOCOPY OF THE PETITION FOR REVIEW THE ORDER OF SALE AS I.A.771/08 BEFORE THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, ERNAKULAM. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.14681 OF 2008 ------------------------------------------- Dated this the 15th day of July, 2008 JUDGMENT Petitioners are guarantors for a transaction and had mortgaged their property, creating security interest in favour of the second respondent Bank. The bone of contention is that the principal debtors, viz., M/s.Swapna Bone Meal Company Pvt. Ltd. and its directors had mortgaged yet another item of property belonging to the company, which, according to the petitioners, is a valuable property and the sale of which would fetch the entire amount due to the second respondent Bank. 2. It is now pointed out by the second respondent, through counter affidavit, that the property belonging to the principal debtors is one, over which, the second respondent Bank has only a second charge, after the first charge being created in favour of SIDBI. The petitioners say that the properties belonging to the principal debtor is so valuable that the debts due to SIDBI and the second respondent could be wiped off by selling it. WPC.14681/08 Page numbers It is not within the province of this Court to sit on adjudication in relation to such matters or to await the raising of funds and to continue the distress action at the hands of the recovery officer of the Debts Recovery Tribunal under further suspension. There is no illegality, irregularity or impropriety made out in the impugned action. I find no legal infirmity or jurisdictional error in the action under challenge. The writ petition is hence dismissed, leaving open all contentions which could be raised and which are raised before the recovery officer or the DRT, as the case may be. It is also clarified that this judgment does not touch on any proceedings pending before the DRT or the recovery officer. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.17/7.