IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 25266 of 2008(G) -------------------------- OA.138/2000 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- DEEPAK T.JOSEPH, S/O.JOSEPH MATHEW, THANNIKKAL, PUDUPPADI P.O., KOZHIKODE. BY ADV. SRI.N.SASI SRI.JAMES KURIAN SRI.GEORGE VARGHESE (MANACHIRACKEL) RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NEW DELHI. 2. THE DEBT RECOVERY TRIBUNAL, 5TH FLOOR, K.S.H.B.BUILDING, PANAMPALLY NAGAR, ERNAKULAM. 3. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, 8TH FLOOR, K.S.H.B.BUILDING, PANAMPALLY NAGAR, ERNAKULAM. 4. FEDERAL BANK LTD., FAROOQ COMMERCIAL ARCADE, KODUVALLI 673 572. R1 TO R3 BY SRI.P.PARAMESWARAN NAIR,ASG. R4 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC. PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE JUDGMENT IN O.A.138/00. EXT.P2: TRUE COPY OF THE RECOVERY CERTIFICATE IN DRC NO.1648 DATED 2.8.2004. EXT.P3: TRUE COPY OF THE DEMAND NOTICE DATED 27.9.2004. EXT.P4: TRUE COPY OF THE PROCLAMATION SALE DATED 1.7.2008. EXT.P5: TRUE COPY OF THE I.A.NO.1326/08 DATED 18.8.2008. EXT.P6: TRUE COPY OF THE I.A.NO.1335/08 DATED 18.8.2008. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25266 OF 2008 ------------------------------------------- Dated this the 10th day of February, 2009 JUDGMENT 1. Read order dated 21.8.2008. No amounts were paid and no private sale arranged. 2. The plea of the petitioner was only for an opportunity for private sale of the property which is enlisted by the Recovery Officer of the Debts Recovery Tribunal for sale under the Recovery of Debts due to Banks and Financial Institutions Act, 1993. There is no jurisdictional error or legal infirmity in the impugned proceedings. The only issue pressed for consideration was for an opportunity for private sale. That has also not worked out. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.11/2.