IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 33442 of 2009(A) -------------------------- AGAINST THE ORDER IN IA 2307/2009 IN DRC.998/2009 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- BENNY N.V., AGED 44 YEARS, S/O VAREED, NELLANGARA HOUSE, ST.GEORGE STREET, KURIACHIRA POST, THRISSUR. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SMT.P.A.PRIYA SRI.RENJITH B.MARAR RESPONDENT(S): --------------- 1. THE MANAGER, HDFC BANK, M.G.ROAD, ERNAKULAM. 2. P.J.SICILY, W/O.LATE KANJIRATHINKAL VARGHESE, PULLEZHI VILLAGE, THRISSUR, REPRESENTED BY POWER OF ATTORNEY HOLDER, RAJAN @ JOSE K.VARGHESE. 3. RAJAN @ JOSE K.VARGHESE, S/O.LATE KANJIRATHINKAL VARGHESE, PULLEZHI VILLAGE, THRISSUR. 4. MEENA ROY, D/O.LATE KANJIRATHINKAL VARGHESE, PULLEZHI VILLAGE, THRISSUR, REPRESENTED BY POWER OF ATTORNEY HOLDER, RAJAN @ JOSE K.VARGHESE. 5. MEERA JOHNSON, D/O.LATE KANJIRATHINKAL VARGHESE, PULLEZHI VILLAGE, THRISSUR, REPRESENTED BY POWER OF ATTORNEY HOLDER, RAJAN @ JOSE K.VARGHESE. (..2/-) WP(C).33442/09-A (2) 6. JEENA VARGHESE, D/O.LATE KANJIRATHINKAL VARGHESE, PULLEZHI VILLAGE, THRISSUR, REPRESENTED BY POWER OF ATTORNEY HOLDER, RAJAN @ JOSE K.VARGHESE. 7. LITTY VARGHESE, D/O.LATE KANJIRATHINKAL VARGHESE, PULLEZHI VILLAGE, THRISSUR, REPRESENTED BY POWER OF ATTORNEY HOLDER, RAJAN @ JOSE K.VARGHESE. 8. LIJO LOUIS, S/O.THYKOODATHIL LOUIS, KANNAMALY P.O., PALLURUTHY VILLAGE, KOCHI. 9. K.MOHAMMED ALI, S/O.ABU, CHEKIDANKUZHIYIL, KOTTARAM, VALANCHERY P.O., MALAPPURAM. 10. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP) 5TH FLOOR, KSHB OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI. ADV.SRI.T.P.M.IBRAHIM KHAN, ASG ADV. SRI.PAUL MATHEW (PERUMPILLIL) FOR R9 SRI.P.V.SREENIJIN FOR R9 SMT.K.B.SONY FOR R9 SRI.PRASUN.S FOR R9 SRI.SANU.S.PANICKER FOR R9 SRI.K.T.BOSCO FOR R9 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.33442 OF 2009 ------------------------------ Dated this the 20th day of November, 2009 J U D G M E N T ---------------------- 1. Limited prayer in this writ petition is for a direction to the 10th respondent to consider and dispose of Ext.P4 joint application. Ext.P4 is an application submitted by the petitioner and the 9th respondent seeking to issue sale certificate in favour of the petitioner, on confirmation of sale. 2. Heard, standing counsel appearing for the 1st respondent Bank, the counsel for the respondents 3 and 9 and also the counsel for the 10th respondent Recovery Officer. It is conceded by respondents 1, 3 and 9 that by virtue of settlement arrived, the auctioned property was agreed to be assigned in favour of the petitioner. According to those respondents they have no objection in the sale certificate being issued by the 10th respondent in favour of the petitioner. 3. Under the above circumstances, the writ petition is disposed of directing the 10th respondent to consider and pass orders on Ext.P4 joint application as early as possible, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. W.P.(C).33442/09-A 2 4. Counsel for respondents 3 and 9 had raised serious disputes with respect to many of the averments contained in the writ petition on factual aspects of the case, except the fact of settlement arrived about which mention is made as above. Senior counsel appearing for the petitioner conceded that all such averments in the writ petition can be treated as eschewed, which is recorded. The writ petition is disposed of with the above directions. C.K.ABDUL REHIM, JUDGE. Okb