IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 31069 of 2008(W) -------------------------- OA.260/2005 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: --------------- R.DINESH, 41 YEARS, S/O.LATE M.SUNDERESHAN, RESIDING AT JAYESH BHAVAN, OPP.I.T.I. KANJIKODE WEST P.O. PALAKKAD DIST. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS: --------------- 1. THE FEDERAL BANK LTD., REP.BY ITS SENIOR MANAGER, PALAKAD BRANCH, PALAKAD DIST. 2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL ERNAKULAM. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31069 of 2008(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: FINAL ORDER DATED 3.1.2006 IN O.A.NO.260 OF 2005. EXT.P2: PROCEEDINGS DATED 25.9.2008 BEFORE TR2 COPIED DOWN FROM 'A-DIARY' OF THE 2ND RESPONDENT'S OFFICE. RESPONDENT'S EXHIBITS: NIL. // TRUE COPY // P.A TO JUDGE. THOTTATHIL B. RADHAKRISHNAN, J. ================================ W.P.(C).No.31069 of 2008 - W =============================== Dated this the 6th day of November, 2008. J U D G M E N T When this matter is taken up, the only plea put forward on behalf of the petitioner is as recoded hereunder. 2. The petitioner is the son of one Sundereshan. Apart from the petitioner he has a daughter namely Divya Suresh. Their father is no more. According to the petitioner, item No.2 in Ext.P2, brought for sale, has to come to the petitioner in terms of the last wishes of his late father and item No.1, to his sister Divya Suresh. Petitioner says that in the light of the understanding in the family, he should be given an opportunity to save the sale of item No.2 in order to preserve family peace. The total outstanding due for recovery is below Rs.40,00,000/-. The reserve price fixed for item No.2 in Ext.P2 is Rs.25,50,000/-, sale of which is listed to 2.30 p.m. on 24.11.2008. The petitioner is willing to deposit an amount of Rs.20,00,000/- within a period of two weeks. If he makes such deposit the sale of item No.2 will stand deferred and the outstanding can be wiped off. This appears to be a practical solution. W.P.(C).No.31069 of 2008 - W 2 In the aforesaid circumstances, this writ petition is ordered directing that the petitioner shall deposit an amount of Rs.20,00,000/- before the 1st respondent within a period of two weeks from now. If such deposit is made, item No.2 alone will be first taken up for sale and item No.1 will be taken up only if the sale of item No.2 does not generate the entire remaining outstandings. If no deposit as aforesaid is made, item Nos. 1 and 2 can be sold even in one lot or in two lots on 24.11.2008. The surplus if any following the sale, will be disbursed in accordance with law. THOTTATHIL B. RADHAKRISHNAN, JUDGE bkn/-