IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 W.A.No.1699 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).14681/2008 DATED 15/07/2008 .................... APPELLANTS/PETITIONERS:- ------------------------------------------ 1. M.A.MOHAMMED, S/O.ABDUL RAHIMAN, MADATHILAKATEATTU HOUSE, PURAYAR DESOM P.O., ALUVA, ERNAKULAM. 2. PATHUMMA ABDUL RAHIMAN, W/O.ABDUL RAHIMAN, PATTIPARAMBIL, PARAPPURAM, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.PRAVEEN K. JOY RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1. RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, AT ERNAKULAM. 2. UNION BANK OF INDIA, PERUMBAVOOR BRANCH, ERNAKULAM, REPRESENTED BY ITS MANAGER. 3. M/S.SWAPNA BONE MEAL COMPANY PVT. LTD. REGISTERED OFFICE, 17, FISH MARKET ROAD, PERUMBAVOOR, ERNAKULAM. 4. K.M.ABDULLA, MANAGING DIRECTOR, M/S.SWAPNA BONE MEAL COMPANY PVT. LTD. KONNAMKUDI HOUSE, PERUMBAVOOR, ERNAKULAM. W.A.NO.1699 OF 2008 - 2 - 5. MOHAMMED GODHAFI, S/O.K.H.ABDULLA, DIRECTOR, M/S.SWAPNA BONE MEAL COMPANY PVT. LTD. KONNAMKUDI HOUSE, PERUMBAVOOR, ERNAKULAM. 6. P.A.ISHA, W/O.K.H.ABDULLA, DIRECTOR, M/S.SWAPNA BONE MEAL COMPANY PVT. LTD. KONNAMKUDI HOUSE, PERUMBAVOOR, ERNAKULAM. R2 BY STANDING COUNSEL SRI.A.V.THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.A.No.1699 of 2008-E ---------------------------------------------- Dated, this the 26th day of August, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the orders passed by the learned Single Judge in W.P.(C).No.14681 of 2008 dated 15th July, 2008. By the impugned order, the learned Single Judge has disposed of the writ petition, however, has granted liberty to the petitioners/appellants to approach either the Recovery Officer or the Debts Recovery Tribunal (“DRT” for short), for redressal of their grievance, if any.. 2. Admittedly, the petitioners were guarantors for the loans borrowed by respondents 5 and 6 from 2nd respondent-Bank. Since the principal borrower had defaulted in paying the amounts due to the Bank, the Bank was constrained to file an application before the DRT. 3. The DRT has passed an order dated 19.07.2004. It appears, that, it was an ex parte order. Therefore, an application was filed by the petitioners to set aside the ex parte order passed by the Tribunal, along with an application to condone the delay in preferring the said application. Even those applications are rejected by the Tribunal and those orders have become final. 4. In order to execute the orders passed by the Tribunal, the Recovery Officer has initiated proceedings to bring to sale the properties W.A.No.1699 of 2008-E - 2 - mortgaged by the petitioners/guarantors. The petitioners have filed an application before the Recovery Officer, objecting to the proclamation issued by the Recovery Officer. That application is also rejected by the Recovery Officer. There is yet another application filed by the petitioners (Exhibit P5) before the Recovery Officer, inter alia, requesting him to permit them to find out a suitable private party/prospective purchaser to purchase the property in question. The Recovery Officer has also granted such permission and, now, the matter is posted for further orders on 5.9.2008. 5. In our opinion, in this scenario, nothing can be done by this Court to alleviate the grievance of the appellants. In that view of the matter, we dispose of the appeal as having become unnecessary. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/dk Judge