IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36414 of 2008(I) -------------------------- PETITIONER(S): --------------- INDIAN BANK, HEAD OFFICE AT 66, RAJAJI SALAI, CHENNAI 600 001, HAVING ITS CIRCLE OFFICE AT CHITTOOR ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. BY ADV. SRI.S.EASWARAN RESPONDENT(S): --------------- 1. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, ERNAKULAM. 2. THE TAHSILDAR (RR), KOLLAM. 3. M/S.STANDARD OIL MILLS, POST OFFICE ROAD, KOLLAM. 4. MRS.BIRABIA, PARTNER, M/S.STANDARD OIL MILLS, POST OFFICE ROAD, KOLLAM. 5. SMT.AYSHA BEEVI, PARTNER, DO. 6. SRI.A.NOUSHAD, PARTNER, DO. 7. SRI.A.NAHAS, PARTNER, DO. 8. SMT.P.K.REZIA, PARTNER, DO. 9. M/S.M.SHAMSUDHEEN & CO., POST OFFICE ROAD, KOLLAM. R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36414 OF 2008 ------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the respondents dispensed with, preserving their right to move for review of this judgment, if aggrieved. Having heard learned counsel for the petitioner, I am satisfied that the petitioner is entitled to challenge Ext.P5 before the Debts Recovery Tribunal by an appeal to the Presiding Officer under the RDB Act. Under such circumstances, it is ordered that further action on the basis of Ext.P5 will stand suspended for one month, to enable the petitioner to move the Presiding Officer and seek necessary orders. It is clarified that the Tribunal will decide the matter untrammelled by anything stated in this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.