IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 OP (DRT).No. 2135 of 2011(O) ---------------------------- AGAINST THE ORDER DATED 3 /06 /2011 IN 9, 10, 11, 12/2011 ON THE FILE OF DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER/3RD RESPONDENT --------------------------------------------- MOHAMMED NOUFAL,S/O.ABDUL SALAM, AGED 35 YEARS,MANAGING PARTNER,TASTY NUTS INDUSTRIES, KILIKOLLUR, KOLLAM. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENTS/APPELLANTS 1 TO 4 & RESPONDENTS 1 & 2: -------------------------------------------------------------------------------------- 1. SUJIR SURESH NAYAK,S/O.LATE SUJIR KESAV NAYAK,KASTHOORI BUILDING, MUMBAI 400 020. 2. SUJIR DINESH NAYAK,S/O.LATE SUJIR KESAV NAYAK,KASTHOORI BUILDING, MUMBAI 400 020. 3. SUJIR ANANTH NAYAK,S/O.LATE SUJIR KESAV NAYAK,KASTHOORI BUILDING, MUMBAI 400 020. 4. SUJIR SAROJINI NAYAK,S/O.LATE SUJIR KESAV NAYAK,KASTHOORI BUILDING, MUMBAI 400 020. 5. CANARA BANK,THAMARAKULAM BRANCH, KOLLAM,REP.BY ITS MANAGER 691 001. 6. SMT.GEETHANJALI PAI,MUNDAKKAL,KOLLAM-1, NOW R/AT USA ,REP.BY POWER OF ATTORNEY SRI.P.K.GOPALAKRISHNAN PILLAI, PULIMOOTTU PUTHEN VEEDU, KANNIMEL CHERI, KILIKOLLUR, KOLLAM, 691 004 7. THE DEBTS RECOVERY TRIBUNAL, PANAMPILLY NAGAR, KOCHI-36. 8. THE RECOVERY OFFICER,DEBTS RECOVERY TRIBUNAL,PANAMPILLY NAGAR, KOCHI-36. BY SC, SRI.GOPINATHAN MENON THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(DRT)No.2135 OF 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 8TH RESPONDENT. EXT.P2 : TRUE PHOTOCOPY OF THE ORDER DRT DATED 3.6.2011 IN APPEAL NO.9/11. EXT.P3 : TRUE PHOTOCOPY OF THE ORDER DRT DATED 3.6.2011 IN APPEAL NO.10/11. EXT.P4 : TRUE PHOTOCOPY OF THE ORDER DRT DATED 3.6.2011 IN APPEAL NO.11/11. EXT.P5 : TRUE PHOTOCOPY OF THE ORDER DRT DATED 3.6.2011 IN APPEAL NO.12/11. EXT.P6 : TRUE PHOTOCOPY OF THE STAY PETITION DATED 22.6.2011. EXT.P7 : TRUE PHOTOCOPY OF THE STAY PETITION DATED 30.6.2011. EXT.P8 : TRUE PHOTOCOPY OF THE PETITION FILED BEFORE THE 8TH RESPONDENT DATED 27.6.2011. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. KP/ S. SIRI JAGAN, J. ------------------------------------------- O.P. (DRT) No. 2135 OF 2011 ---------------------------------------------- Dated this the 6th day of July, 2011 JUDGMENT The petitioner is an auction purchaser of a property pursuant to a sale conducted by the 8th respondent recovery officer of the Debt Recovery Tribunal. He deposited Rs.4,50,000/- towards part payment of the purchase price. The petitioner was to pay the balance amount on or before 16.4.2011 for confirmation of sale. In the meanwhile, the borrower obtained orders from this Court as also from the Debt Recovery Tribunal for stay of confirmation of the sale. 2. The learned counsel for the bank submits that the orders of the Debt Recovery Tribunal have already been vacated, which is partly disputed by the learned counsel for the petitioner. I need not go into that disputed question of fact here. 3. The petitioner's grievance is that for want of payment of the balance, the sale in his favour is sought to be set aside and the amount paid by the petitioner forfeited. According to the petitioner, the petitioner is in a difficult position since he is not W.P.(C)No.2135/11 2 sure whether he would get the property, even if he pays the balance, which is a large amount. So, unless there is a finality in that matter, there is no point requiring the petitioner to pay the balance amount, is his contention. He also submits that in such circumstances it is unjust to order forfeiture of the amount already paid because the situation is because of reasons which cannot be attributed to him. In the above circumstances, the petitioner has filed Ext.P6 petition before the 7th respondent. Having heard the parties, I dispose of this writ petition with a direction to the Debt Recovery Tribunal, Ernakulam to consider and pass orders on Ext.P6 petition, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. It would be open to the petitioner to move a stay petition on which the Debt Recovery Tribunal shall pass orders within one week of receipt of the same. S. SIRI JAGAN, JUDGE acd W.P.(C)No.2135/11 3 W.P.(C)No.2135/11 4