IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 37719 of 2008(M) -------------------------- OA.318/2001 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- SHIHAN SHAH, AGED 36 YEARS,S/O.ABDUL SALAM,SHAH MANDIRAM, PALLICKAL.P.O, KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.SREELAL N.WARRIER SRI.B.RAGHUNANDANAN SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT(S): --------------- 1. THE REGISTRAR IN CHARGE, DEBT RECOVERY TRIBUNAL FOR KERALA & LAKSHWADEEP, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, ERNAKULAM. 2. BANK OF INDIA, QUILON BRANCH,P.O.BOX NO. 513, USMANIA COMPLEX, CONVENT ROAD, KOLLAM-691001. ADV. SRI.K.K.JOHN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WPC 37719/08) PETITIONER'S EXTS.: EXT.P1: INTERLOCUTORY APPLICATION – I.A.NO.1086 OF 2008 IN O.A.NO.318 OF 2001 ON THE FILE OF DEBT RECOVERY TRIBUNAL, ERNAKULAM SEEKING TO RECORD LEGAL HEIRS OF DECEASED 3RD DEFENDANT AND TO IMPLEAD THE LEGAL HEIRS. EXT.P2: INTERLOCUTORY APPLICATION – I.A.NO.1087 OF 2008 IN I.A.NO.318 OF 2001 ON THE FILE OF DEBT RECOVERY TRIBUNAL, ERNAKULAM SEEKING TO APPOINT ADDL. 8TH DEFENDANT AS THE GUARDIAN OF THE ADDL. 9TH AND 10TH MINOR DEFENDANTS. EXT.P3: COMPROMISE PETITION (I.A.NO.1146 OF 2008 IN O.A.NO.318 OF 2001 ON THE FILE OF DEBT RECOVERY TRIBUNAL, ERNAKULAM SEEKING TO RECORD COMPROMISE. EXT.P4 SERIES (5 NOS.): 5 RECEIPTS FOR PAYMENT OF A TOTAL AMOUNT OF RS.40,00,000/- TOWARDS THE COMPROMISE AMOUNT. EXT.P5: REPRESENTATION DATED 17.1.2009 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. Thottathil B.Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.37719 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 22nd January, 2009 JUDGMENT Read the order dated 19.12.2008. The Debt Recovery Tribunal has now to proceed to pass further orders on the basis of that interim order. It has also ordered that the time frame for the petitioner to satisfy the terms of the settlement will stand enlarged till 31.3.2009 on condition on payment of a further amount of Rs.10 lakhs. If the entire amounts under the compromise is paid off by the end of February, 2009, the said amount of Rs.10 lakhs will stand trimmed down to Rs.5 lakhs. No further orders are necessary in this case. The Writ Petition is ordered accordingly. srd Thottathil B.Radhakrishnan, Judge