IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 OP.No. 8276 of 2002(I) ---------------------- PETITIONER: ------------ 1. MRS. SHELIA ANAND, W/O. LATE CHAMANLAL ANAND, K.103, KAUZ KHAS, NEW DELHI. 2. PRADEEP ANAND, S/O.LATE CHAMANLAL ANAND, ANAND HOUSE, M.G.ROAD, P.B.NO.1002, ERNAKULAM, KOCHI-11, KERALA STATE, RESIDING AT K.103, HAUZ KHAS, NEW DELHI. 3. MRS.USHA KHANNA, D/O.LATE CHAMANLAL ANAND & W/O.ASHOK KHANNA, K.103, HAUZ KHAS, NEW DELHI. 4. MRS. DIVYA ANSAL, D/O.CHAMANLAL ANAND & W/O.DEEPAK ANSAL, K.103, HAUZ KHAS, NEW DELHI. 5. MRS. NITA RAI, D/O.LATE CHAMANLAL ANAND & W/O.SUNIL RAI, K-103, HAUZ KHAS, NEW DELHI. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENTS: RESPONDENT ----------------------- R1. FEDERAL BANK LIMITED, ALUVA, BANERJI ROAD, ERNAKULAM NORTH, COCHIN-682 018. ADDL.R2 IS IMPLEADED (*)R2. THE DEBT RECOVERY TRIBUNAL, V.FLOOR, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, ERNAKULAM - 682 036. REPRESENTED BY ITS REGISTRAR. ADDL.R3 IS IMPLEADED (*)R3. THE DEBT RECOVERY TRIBUNAL, IV FLOOR, INDIAN BANK REGIONAL OFFICE, 24/2, ETHIRAJ SALAI, CHENNAI - 600 008. REPRESENTED BY ITS REGISTRAR OP.No. 8276 of 2002(I) (*) ADDITIONAL RESPONDENT NOS.2 AND 3 ARE IMPLEADED AS PER ORDER DATED 02/12/2003 IN I.A.NO.12834/2003 BY ADV. SRI.N.P.SAMUEL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 8276 of 2002(I) ORDER ON C.M.P.NO.14776/2002 IN O.P.NO.8276/2002 CLOSED. SD/- C.N.RAMACHANDRAN NAIR, JUDGE SD/- T.R.RAMACHANDRAN NAIR, JUDGE 28/02/2008 A P P E N D I X PETITIONERS' EXTS: EXT.P1 TRUE COY OF THE ORDER DATED 16/10/2000 PASSED BY THE DEBT RECOVERY TRIBUNAL, ERNAKULAM IN O.A.NO.430/1998. EXT.P2 TRUE COPY OF THE COVER SENT BY THE DEBT RECOVERY TRIBUNAL, ERNAKULAM, TO COUNSEL IN ANOTHER CASE. EXT.P3 TRUE COPY OF THE PETITION TO CONDONE THE DELAY AND THE AFFIDAVIT ACCOMPANYING THE APPLICATION. EXT.P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE CHIEF MANAGER OF RESPONDENT BANK. EXT.P5 TRUE COPY OF THE ORDER DATED 15/02/2000 OF THE APPELLATE TRIBUNAL. \\TRUE COPY// C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O.P No.8276 of 2002-I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 28th day of February, 2008 J U D G M E N T C.N.RAMACHANDRAN NAIR, J. The order under challenge is Ext.P5 passed by the Debt Recovery Appellate Tribunal dismissing the appeal on ground of delay. It is seen that the Debt Recovery Tribunal passed an award as early as in October 2000 and the amount awarded is nearly 12 crores. The award is not ex-parte award and late Chamanlal Anand, husband of the 1st petitioner (father of petitioners 2 to 5) and the 2nd petitioner were personal guarantors to the loan. Recovery can be proceeded against those who are guarantors and against the properties of the deceased which are held by the legal heirs. Even though detailed award passed by the Debt Recovery Tribunal after taking evidence is prima facie tenable, having regard to the contentions raised, we feel scrutiny at one stage in appeal can be permitted but only on conditions because of the prima facie case established against petitioners. We therefore direct payment of Rs.2 crores out of Rs.12 crores awarded in 1998 which together with interest now will be around Rs.20 crores, within a period of O.P.No. 8276 of 2002-I -: 2 :- three months from today. If payment is made within three months, then Ext.P5 will stand set aside and there will be direction to the Debt Recovery Appellate Tribunal to entertain the appeal and dispose of the appeal on merits within a period of three months thereafter. However, if there is any default in payment of the above amount, the order of the Appellate Tribunal and recovery in terms of the award will stand. We make it clear that it will be open to the parties to settle the matter and, if there is any settlement there is no need to comply with the orders. C.N.RAMACHANDRAN NAIR, Judge T.R.RAMACHANDRAN NAIR, Judge ms