IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 22577 of 2008(K) -------------------------- OA.3/1996 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------------- 1. SHANTI M. ALEXANDER, D/O LATE ALEXANDER, PUTHENVEEDU, THITTAMEL CHENGANNUR, ALAPPUZHA DISTRICT. 2. MOHAMMED SHAFI, S/O ALIYAR KUNJU, RAHIM MANZIL, ASRAMAM,KOLLAM. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENT(S): ----------------------- 1. INDIAN BANK,NO.31,RAJAJI SALAI, CHENNAI, 2. SUNDARESWARAN, M/S SUNDARESWARAN, A PARTNERSHIP FIRM HAVING OFFICE AT BEACH ROAD, KOLLAM. 3. JAGDEV, S/O PREMDEV, SUNDARA BHAVAN, ASRAMAM, KOLLAM. 4. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. 5. THE DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI. ADDL. R6 IMPLEADED. 6. MRS. USHA, W/O. MOHAN PILLAI, “USHASHREE”, SAI CASHEW EXPORTERS, KOCHUPLAMMOODU, KOLLAM. ADDL. R6 IMPLADED AS PER ORDER IN I.A. 14245 OF 2008 DATED 19.1.2009. ADV. SRI.S.EASWARAN FOR R1 SRI.ABRAHAM VAKKANAL (SR.) FOR R3 SRI.PAUL ABRAHAM VAKKANAL FOR R3 SRI.DIJO SEBASTIAN FOR R3 SRI.GEORGE MATHEWS (KOLLAM) FOR ADDL.R6 SMT.SHAHNA KARTHIKEYAN FOR ADDL.R6 SRI.V.ARUN FOR ADDL.R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 22577 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2009 JUDGMENT I heard learned counsel for the parties. 2. Petitioner challenges Ext.P6. A direction is also sought to dispose of the appeal filed by the petitioner before the Appellate Tribunal. Learned counsel appearing on behalf of the Bank Sri.S.Easwaran would point out that it is not clear whether the petitioner has been asked to cure the defects and whether it has been resubmitted after curing the defects. Learned counsel for the petitioner presses prayer No.2 before me. In such circumstances the writ petition is disposed of as follows: There will be a direction to the fifth respondent to take up Ext.P8, if it is filed in order or if the petitioner has been called upon to cure the defects and the defects have been cured, and dispose of the same in accordance with law as early as possible, at any rate within a period of two months from the date of production of a copy of this judgment. I am not pronouncing on the question relating to the validity of the sale in favour of the additional sixth respondent and I leave it open. (K.M. JOSEPH, JUDGE) sb