IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 11045 of 2009(A) --------------------------------------- OA.370/2000 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM. .................... PETITIONER: ------------------- MR.R.O.ABDUL KALAM, OOROTHU HOUSE, THAIKKADU VILLAGE, PALUVAYI P.O., THRISSUR DISTRICT. BY ADVS. MR.DEVAN RAMACHANDRAN, MR.K.M.ANEESH. RESPONDENTS: ------------------------ 1. THE FEDERAL BANK LTD., REGISTERED OFFICE, ALUVA, ERNAKULAM, KERALA. 2. MRS.P.S.JESIA, STAR COTTAGE, COCHIN-682 035, KERALA. 3. MR.A.M.SADIQ, STAR COTTAGE, COCHIN-682 035, KERALA. R1 BY ADV. MR.PETER THARAKAN, R2 & R3 BY MR.C.K.KARUNAKARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.SIRI JAGAN, J. ================== W.P(C).Nos.11045 & 29080 of 2009 ================== Dated this the 30th day of October, 2009 J U D G M E N T The parties in these two writ petitions are parties in O.A.No.370/2009 pending before the Debts Recovery Tribunal (DRT) at Ernakulam. The O.A. is filed by the Federal Bank Ltd. for recovery of the loan amounts due to them from the petitioners in the these two writ petitions and others. The petitioners in W.P.(C).No.29080/2009 originally obtained Ext.P5 order from the DRT for sale of C, D, E and F schedule properties through private negotiations. The petitioner in W.P.(C).No.11045/2009 filed an appeal against that order and obtained Ext.P6 order in W.P.(C).No.29080/09, in which, the appellate authority observed that nothing prevented the petitioner in W.P.(C). No.11045/2009 from bringing any prospective purchaser so as to purchase the schedule properties for a higher price and that the appeal can be disposed of with necessary direction to the appellant to take part in the private sale to be conducted by the petitioners in the other writ petition in respect of the schedule properties. After observing so, in Ext.P6 order, the appellate authority simply disposed of the appeal confirming the order passed by the DRT without incorporating liberty to the petitioner to bring in a prospective purchaser for a higher price. It is against that order the petitioner in W.P(C).No.11045/2009 2 approached this Court. In that case, I permitted the petitioner to bring in a purchaser for a higher value. Accordingly, a purchaser also come on record offering to purchase the properties for a higher value. It is at that time the petitioners in W.P.(C).No.29080/2009 have filed that writ petition challenging the very same appellate order, which is under challenge in the other writ petition. 2. Now the petitioners in W.P.(C).No.29080/2009 take the contention that they do not want to sell the schedule properties by private sale and intend to pay off the amounts due to the Federal Bank Ltd. They now categorically state before this Court that they do not seek the benefit of Ext.P5 order in W.P.(C).No.29080/2009. That means the petitioners in W.P.(C).No.29080/2009 do not want to sell the schedule properties by private sale. This is recorded. Now it is for the DRT to proceed with the O.A. in accordance with law. The writ petitions are disposed of with the above directions. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3