IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36658 of 2008(L) -------------------------- PETITIONER(S): --------------- T.DEVI, W/O.THIRUMALAISWAMY, RESIDING AT VELS FARM, MOOLAKADAI, VANNAMADAI.P.O, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS RESPONDENT(S): --------------- 1. CANARA BANK, REPRESENTED BY ITS BRANCH MANAGER, GOPALAPURAM, VANNAMADA.PO, PALAKKAD. 2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, 8TH FLOOR, K.S.H.B.BUILDING, PANAMPILLY NAGAR, ERNAKULAM-682 036. R1 BY ADV.SRI.P.GOPINATH MENON, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36658 OF 2008 ------------------------------------------- Dated this the 12th day of December, 2008 JUDGMENT Petitioner faces recovery proceedings under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The Recovery Officer has issued Ext.P1 proclamation of sale. The provisions of the RDB Act provides for sufficient opportunity for the petitioner to move the Recovery Officer or the Debts Recovery Tribunal, as the case may be, for enlargement of time to pay off the entire amounts. It does not require the interference of this Court. Even if the petitioner has filed a representation in the nature of Ext.P2 to the bank, it will not be appropriate to direct the bank to consider that representation while the statutory proceedings are pending, though it will be open to the bank and the petitioner to make appropriate submissions before the DRT or the Recovery Officer, even as regards any settlement. This writ petition is dismissed without prejudice to that. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.