IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 OP (DRT).No. 1615 of 2011(O) ------------------------------------------- PETITIONER: ------------------- D. ALFRED JOHN, S/O.DANAM NADAR, A.N. BUNGLOW, KANNOORKONAM, MANNAMKONAM-695 038, THIRUVANANTHAPURAM DIST. BY ADV. SRI.C.E.UNNIKRISHNAN RESPONDENT(S): -------------------------- 1. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP), 8TH FLOOR, KHSB BUILDING, PANAMPALLY NAGAR, COCHIN-682 036. 2. THE MANAGER, FEDERAL BANK, CHEMBOOR BRANCH, OTTASAKHARAMANGALOM-695 085, THIRUVANANTHAPURAM (DIST). R1 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG. OF INDIA. THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 04/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP (DRT).No. 1615 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE KERALA STATE FARMERS DEBT RELIEF COMMISSION DATED 14/01/2009. EXT.P2: COPY OF THE LABORATORY REPORT DATED 13/01/2009. EXT.P3: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 22/03/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. (DRT) No.1615 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2011 J U D G M E N T The petitioner challenges sale proceedings initiated by the Recovery Officer of the Debts Recovery Tribunal for recovery of amounts due from the petitioner to the 2nd respondent Bank. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks benefits of the order of the Kerala State Farmers' Debt Relief Commission which the petitioner has produced as Ext.P1. The petitioner seeks the following reliefs: “(i) to call for the records leading upto and inclusive of Ext.P3 and quash the same by issuing a direction (ii) to declare that the petitioner is not liable to be proceeded under Ext.P3 (iii) to issue a direction or any other appropriate order or direction directing the 2nd respondent to consider the directions in Ext.P1 and pass appropriate orders fixing the actual legal dues with regard to the petitioner (iv) to issue a direction or any other appropriate order or direction directing 1st respondent to keep in abeyance all further proceedings pursuant to Ext.P3 till then.” The 2nd respondent has not chosen to enter appearance O.P. (DRT) No.1615 of 2011 -2- to contest the matter despite accepting the notice in the writ petition. This court had passed an interim order on 13.05.2011 directing the petitioner to pay an amount of Rs.2 lakhs. The counsel for the petitioner submits that, the said amount has been paid. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The 2nd respondent shall recalculate the amount due from the petitioner taking into account the concession as directed in Ext.P1 order by the Kerala State Farmers' Debt Relief Commission, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The petitioner shall pay the amount so calculated by the 2nd respondent, within three months from the date of receipt of the demand from the 2nd respondent calculated as directed above. Till then, further proceedings initiated by the 1st respondent shall be kept in abeyance. If the petitioner does not pay the amount as directed above, it would be open to the respondents to continue proceedings O.P. (DRT) No.1615 of 2011 -3- as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/