IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 32264 of 2007(N) -------------------------- OA.110/2000 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------------- P.S. AJITHKUMAR, AGED 45, S/O. SRI.P.S.SREENIVASAN, A3 TENNIS CLUB ENCLAVE, KAVADIYAR, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS: ------------------------- 1. THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM. 2. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, ERNAKULAM. 3. THE MANAGER, FEBERAL BANK LTD., MAIN BRANCH, TRIVANDRUM STATUE. 4. B. RENJITH, S/O.K.N.BALAKRISHNAN NAIR, SOUPARNIKA, VELLOORKUNNAM,MARKET P.O.,MUVATTUPUZHA ADV. SRI.MOHAN JACOB GEORGE FOR R3 SMT.P.V.PARVATHI FOR R3 SMT.REENA THOMAS FOR R3 SRI.L.RAM MOHAN FOR R3 SRI.P.V.GEORGE(ONAKKOOR) FOR R4 SRI.REJI GEORGE FOR R4 SMT.MANJU RAJAN FOR R4 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2009, ALONG WITH WPC NO. 35356 OF 2007 & WPC NO. 14051 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32264 /2007(N) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE PROCLAMATION OF SALE IN DRC 977 OF THE 2ND RESPONDENT. EXHIBIT P2: TRUE COPY OF THE APPEAL MEMO BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM UNDER SECTION 30 OF THE REOVERY OF DEBTS DUE TO BANK AND FINANCIAL INSTITUTIONS ACT 1993. EXHIBIT P3: TRUE COPY OF THE JUDGMENT IN WPC NO.16806/2006 DATED 20/9/2006 OF THIS HON'BLE COURT. EXHIBIT P4: TRUE COPY OF THE APPEAL 18/2006 BEFORE THE 1ST RESPONDENT. EXHIBIT P5: TRUE COPY OF THE AFFIDAVIT AND RESTORATION PETITION FILED ON 3/04/2007 APPEAL 18/2006 BEFORE THE 1ST RESPONDENT. EXHIBIT P6: TRUE COPY OF THE PROCEEDINGS DATED 6/9/2007 OF THE 2ND RESPONDENT. EXHIBIT P7: TRUE COPY OF THE APPEAL MEMO BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM UNDER SECTION 30 OF THE RECOVERY OF DEBTS DUE TO BANK AND FINANCIAL INSTITUTIONS ACT, 1993. EXHIBIT P8: TRUE COPY OF THE IA 1735/2007 IN APPEAL NO.19/2007 WAS FILED BEFORE THE 1ST REPONDENT. EXHIBIT P9: TRUE COPY OF THE OBJECTION TO EXHIBIT P11 FILED BY THE 3RD RESPONDENT. EXHIBIT P10: TRUE COPY OF THE PETITION DATED 31/10/2007. EXHIBIT P11: TRUE COPY OF THE CONFIRMATION OF SALE OF THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE scm THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.32264/2007-N & I.A.5310/2008, WP(C).35356/2007-H & I.A.5197/2008, & WP(C).14051/2007-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. O R D E R In all these matters, if the petitioners file affidavits before the Debts Recovery Tribunal enabling to pay court fee, if ultimately finds against the petitioners, the Tribunal shall proceed with the appeals and any interlocutory applications therein and will also be at liberty to conclude the appeals without prejudice to the right of the Revenue to prosecute these writ petitions. In so far as WP(C).32264/2007 is concerned, there will be an interim order that delivery of possession will stand deferred till 10-5- 2008 to aid the petitioner to move the DRT WP(C)32264/07 & con.cases -: 2 :- before whom the proceedings in relation to that writ petition is stated to be posted on 6-5- 2008. It is clarified that all matters before the DRT will be considered untrammelled by anything stated herein regarding the merits of the matter. Hand over. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/150408