IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 19052 of 2008(R) -------------------------------------- OA.81/2002 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONERS: -------------------- 1. HEXAGON HEVEA PROCESSORS, SCOOTER FACTORY ROAD, VADAKKAL, ALAPPEY, REPRESENTED BY ITS MANAGING PARTNER, MAJOR V.K.R.NAIR, S/O.K.P.K.NAIR, UMA NIVAS, AMBIKA MARKET P.O, VAIKKOM, KOTTAYAM DISTRICT. 2. MAJOR V.K.R.NAIR, S/O.K.P.K.NAIR, UMA NIVAS, AMBIKA MARKET P.O, VAIKKOM, KOTTAYAM DISTRICT. 3. PUNNOOSE.K., PURACKAL, 325, M.O.WARD, EVANGELICAL CHURCH ROAD, ALAPPEY. 4. CHANDRAMATHY AMMA.B, W/O.K.P.K.NAIR, 'DHANUS', PALLIPURAM P.O, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: ---------------------- 1. CANARA BANK, BOAT JETY ROAD BRANCH, ALAPPUZHA, REPRESENTED BY ITS BRANCH MANAGER. 2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, 8TH FLOOR, K.S.H.B.BUILDING, PANAMPILLY NAGAR, COCHIN-36. BY ADV. SRI.P.GOPINATH MENON, SC, CANARA BANK - R1 SRI.P.R.LESLIE STEPHEN - R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.19052 of 2008-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of July, 2008. JUDGMENT It is stated that no amount was paid following the interim order dated 30-6-2008. There is no jurisdictional error or legal infirmity in the impugned proceedings initiated on account of default in repayment of the amounts due to the creditor first respondent. The petitioner's counsel, however, states that only one of the items has been sold and certain other items are available and that the distress action could be avoided. This is a matter that the petitioner can work out with the junction of the first respondent before the second respondent. Without prejudice to that course, the writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/070708