IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 3172 of 2010(V) ------------------------- AGAINST THE ORDER IN I.A.NO.376/2010 IN DRC 2574 IN OA.485/2002 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ------------------------- UNITED BANK OF INDIA REPRESENTED BY ITS SENIOR MANAGER, UNITED BANK OF INDIA, ERNAKULAM BRANCH, KOCHI 682 018. BY ADVS. MR.M.MOHAMED NAVAZ, MR.T.P.SAJAN. RESPONDENT(S): --------------------------- 1. DEBT RECOCERY OFFICER, DEBT RECOVERY TRIBUNAL ,ERNAKULAM. 2. CANARA BANK LIMITED., BANERGY ROAD BRANCH, ERNAKULAM. R1 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN R2 BY ADVS. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.P.GOPINATH, MR.V.J.ANAND. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.3172 of 2010-V ---------------------------- Dated this the 9th day of March, 2010. J U D G M E N T The petitioner has approached this Court to defer the sale of the property involved, referring to the on-going proceedings before the first respondent. The second respondent has filed a statement and the petitioner has filed a reply as well. 2. During the course of hearing, the learned counsel appearing for both the sides submit that the sale of the property now stand scheduled on 24.3.2010 and since the petitioner has already approached the first respondent by filing Ext.P5 claim petition produced along with the reply affidavit, the matter could be disposed of, directing the first respondent to cause Ext.P5 to be considered and disposed on or before the date of the sale. 3. In the above facts and circumstances, the first respondent is directed to consider and pass appropriate orders on Ext.P5 in accordance with law, as expeditiously as possible, at any rate, before proceeding with the sale of the property concerned, which is now scheduled on 24.3.2010. The Writ Petition is disposed of Sd/- P.R.RAMACHANDRA MENON, JUDGE //True Copy//