IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 28038 of 2010(D) ------------------- OA.260/2000 of DEBTS RECOVERY TRIBUNAL, ERNAKULAM ................. PETITIONER(S): --------------- SMT.ANNAKUTTY, AGED 75 YEARS, W/O.LATE JACOB, PICHAPPILLIL HOUSE, THEKKEPUNNAMATTOM KARA, KADAVOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.GEORGE (PUTHIYIDAM) RESPONDENT(S): ------------------------ 1. THE FEDERAL BANK LTD., REP.BY BRANCH MANAGER, KALOOR BRANCH, KALLOOR P.O., KALLOORKAD - 682 017. 2. THE RECOVERY OFFICER, OFFICE OF THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR, KOCHI-682 036. R1 BY ADVS. SRI.MOHAN JACOB GEORGE SMT.REENA THOMAS SMT.P.V.PARVATHI SRI.L.RAM MOHAN R2 BY GOVT. PLEADER SRI. BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.T.RAVIKUMAR, J. ---------------------------------------- W.P.(C)No.28038 of 2010 ------------------------------------------ Dated this the 14th day of December, 2010 JUDGMENT The petitioner, who is the appellant in Appeal No.31 of 2008 on the file of Debts Recovery Tribunal, Ernakulam filed this writ petition mainly with the prayer to issue a writ of mandamus commanding the Debts Recovery Tribunal, Ernakulam to issue copy of the order passed by the Tribunal in appeal No.31 of 2008 dated 07/05/2010. Though the petitioner has raised various contentions in this writ petition I do not think it necessary to consider them on merits in view of the order I proposed to pass in this writ petition. Evidently in terms of Rule 16 of the Debts Recovery Tribunal Rules, 1993 every order passed by the Debts Recovery shall have to be communicated to the concerned applicant and to the de facto complainant either in registered post or free of post. The grievance of the petitioner is that though the order was passed in appeal No.31 of 2008 as early as on 07/05/2010 the same was not communicated to the appellant. The learned counsel for the petitioner/appellant submitted that in the meanwhile the second respondent has issued Ext.P4 for the W.P.(C)No.28038/2010 : 2 : purpose of delivery of the property based on the confirmation of the sale. It is in the said context the petitioner prays for a further direction to the second respondent to keep all further proceedings pursuant to Ext.P4 in abeyance till the petitioner receives copy of the order passed by the Tribunal in Appeal No.31 of 2008 in terms of Rule 16 of the Debts Recovery Tribunal (for short 'the rules'). 2. I have heard the learned counsel for the petitioner as also the learned Standing Counsel for the first respondent. There cannot be any doubt with respect to the position that in terms of Rule 16 of the rules the tribunal is incumbent on the tribunal to communicate to the parties before it the copy of the order passed on application or free of cost. Even when the matter is taken up today the learned counsel for the petitioner submitted that despite the application filed for the purpose of getting certified copy of the order in the Appeal No.31 of 2008 the petitioner was not issued with the copy of the order. So also the petitioner was not issued with the free copy in terms of Rules 16 of the Rules. In the said circumstances this writ petition is disposed of with a direction to the Debts Recovery W.P.(C)No.28038/2010 : 3 : Tribunal, Ernakulam to issue certified copy of the order passed by the tribunal in Appeal No.31 of 2008 dated 07/05/2010. It shall be done within a period of three weeks from the date of receipt of a copy of this judgment. The second respondent has already taken steps to effect delivery of the property as per Ext.P4. In view of the fact that the petitioner is yet to receive certified copy of the order in Appeal No.31 of 2008 passed by the Tribunal on 07/05/2010. There will be a further direction to the second respondent to keep all further proceedings pursuant to Ext.P4 in abeyance, till the copy of the order dated 7/5/2010 was served on the petitioner. C.T.RAVIKUMAR, JUDGE skj