IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 21074 of 2008(H) ---------------------------------------- OA. K-82 OF 1999 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ------------------------ T.G. RAMACHANDRAN, S/O.LATE T.S.GOVINDA PILLAI, JANAKA, THEKKEKONIL, ITHITHANAM P.O., CHANGANACHERY, KOTTAYAM - 686 535. BY ADV. SRI.BENNY ANTONY PAREL RESPONDENT(S): --------------------------- 1. THE UNION OF INDIA, REP. BY ITS SECRETARY FINANCE, GOVERNMENT OF INDIA, NEW DELHI. 2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL HOUSING BOARD BUILDINGS, PANAMPALLY NAGAR, ERNAKULAM. 3. HDFC BANK, (ERSTWHILE CENTURIAN BANK OF PUNJAB & LORD KRISHNA BANK LTD), KOTTAYAM BRANCH, KOTTAYAM. 4. BOBAN T.THECKEL, S/O.PROF.T.A.THANKACHAN, THECKEL HOUSE, RUBY NAGAR P.O., CHANGANASSERY. R1 & R2 BY ADV. SRI.P. PARAMESWARAN NAIR, ASST.S.G OF INDIA. R3 BY ADV. SRI.B.JAYASANKAR. R4 BY ADV. SRI.LAVARAJ M.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 21074 of 2008(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE PASS BOOK ISSUED BY THE ERSTWHILE 3RD RESPONDENT IN THE NAME OF M/S. OJESS FOODS. EXT.P2 COPY OF THE DEMAND NOTICE DATED 27/09/2004 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM. EXT.P3 COPY OF THE NOTICE UNDER SEC.13(2) OF THE SECURITIZATION ACT DATED 30/08/2002. EXT.P4 COPY OF THE REPRESENTATION DATED 28/10/2004 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5 COPY OF THE NOTICE DATED 23/06/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P6 COPY OF THE AFFIDAVIT DATED 17/08/2005 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7 COPY OF THE NOTICE DATED 17/06/2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P8 COPY OF THE REPLY DATED 04/07/2006 SUBMITTED BY THE PETITIONER. EXT.P9 COPY OF THE I.A. NO.1059/2008 DATED 01/07/2008. EXT.P10 COPY OF THE I.A. NO.1058/2008 DATED 01/07/2008. RESPONDENT'S ANNEXURES:- ANNEXURE A1 COPY OF THE ORDER DATED 25TH JUNE 2004, O.A. NO.K-82 OF 1999 DEBT RECOVERY TRIBUNAL. ANNEXURE A2 COPY OF THE SALE PROCLAMATION DATED 07/11/2007 IS PRODUCED HEREWITH AS ANNEXURE A2. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.21074 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of December, 2011 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due to the 3rd respondent. The 3rd respondent initiated proceedings before the Debts Recovery Tribunal for recovery of the same. Two properties have been mortgaged by the petitioner to the 3rd respondent bank. The Recovery Officer of the DRT initiated proceedings for sale of the properties. One item of property was brought to sale and it has been sold to the 4th respondent. The petitioner challenged the same before the Tribunal but could not succeed. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i. issue a writ of certiorari or any other appropriate writ, order to call for the records leading upto the sale of schedule properties in OA No.K 82 of 1999 in pursuant to the proceedings in DRC No.1642/LKB/KTM. ii. issue a writ of mandamus or any other appropriate writ, order or directions directing the 2nd respondent to consider and pass appropriate orders on Exhibit P9 & P10 in accordance with law.” The counsel for 3rd & 4th respondents submits that the sale is already over. The sale certificate has already been issued W.P.(C)No.21074 of 2008 -2- and registered. The petitioner has not been able to advance any convincing reasons to set aside the rule also. As such, I do not find any merit in the contention of the petitioner against the sale of one item of property which has been sold to the 4th respondent. The counsel for the petitioner submits that the petitioner may be given an opportunity to redeem the other item of property by paying off the balance dues. In respect thereof, the petitioner seeks a direction to the Bank to consider the representation to be filed by the petitioner in that regard. In the above circumstances, this writ petition is disposed of with a direction to the 3rd respondent to consider the representation of the petitioner, if any, filed within one week from today and pass appropriate orders thereon, before proceeding further against the other item of property. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/