IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9719 of 2009(H) ------------------------- OA.511/1998 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- MALATHY AMMA @ KRISHNAMMA, PUREVALIKKAL HOUSE, POIKKATTUSSERI, NEDUMBASSERI. BY ADV. SMT.P.S.PREETHA RESPONDENT(S): --------------- 1. RECOVERY OFFICER, DRT, ERNAKULAM. 2. BANK OF BARODA, M.G.ROAD, ERNAKULAM. 3. RANGANATHAN, PROPRIETOR, KALACHITRA 41/637, PULLEPPADY ROAD, COHI. 4. RADHAMANI, 39/227, PULLEPPADY ROAD, COCHIN-18. 5. RAJENDRAN, S/O.R.RENGANATHAN, 39/277, PULLEPPADY ROAD, COCHIN-18. R1 BY P PARAMESWARAN NAIR R2 BY SC DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 9719 OF 2009 ............................................ DATED THIS THE 26TH DAY OF MARCH, 2009 JUDGMENT Adv.Devan Ramachandran appears for second respondent. Notice to respondents 1 and 3 to 5 dispensed with preserving their right to move for review of this judgment, if aggrieved. The petitioner is one of the debtors under Ext.P1 order of the Debt Recovery Tribunal following which Recovery Certificate has been put in execution. According to the petitioner, she was only a guarantor and the properties offered as collateral security by the principal debtors would be more than sufficient to wipe off the entire outstandings in one go. Hence without expressing anything on merits, it is ordered that the Recovery Officer, while considering settling of the sale proclamation following Ext.P3 notice, would consider that plea of the petitioner also on the basis of Ext.P2 affidavit or any further material that may be placed before the Recovery Officer. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/27/3