IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WA.No. 515 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.2855/2008 .................... APPELLANT: RESPONDENTS 1,2 & 3 IN THE WPC ----------------------------------------- 1. THE FEDERAL BANK LIMITED, ALUVA, ERNAKULAM DISTRICT, REPRESENTED BY ITS CHAIRMAN. 2. THE DEPUTY GENERAL MANAGER, THE FEDERAL BANK LIMITED, REGIONAL OFFICE, MISSION QUARTERS, T.B.ROAD, S.T.NAGAR, THRISSUR-1. 3. THE AUTHORIZED OFFICER, THE FEDERAL BANK LTD., REGIONAL OFFICE, MISSION QUARTERS, T.B.ROAD, S.T.NAGAR, THRISSUR-1. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: PETITIONER & RESPONDENTS 4 TO 10 IN THE WPC -------------------------------------------------------- 1. A.C.CHUMMAR, AGED 55YEARS, S/O CHACKO, AKKARA HOUSE, OLLUR P.O., THRISSUR. 2. THE DISTRICT OFFICER, THRISSUR DISTRICT, THRISSUR. 3. THE VILLAGE OFFICER, ARANATTUKARA VILLAGE, THRISSUR DISTRICT. -2- 4. A.C.CHACKO, S/O AKKARA CHUMMAR, HOUSE NO.9/373788, V.R.M.ROAD, RAVIPURAM, ERNAKULAM DISTRICT. 5. HAFEEZ ABDULLA,S/O ABDULLA, PADIKKAVEETTIL HOUSE, MUNDASSERY POST, CHOUGHAT, THRISSUR. 6. INDIANA BAKERY, MOTI UDYOG, MALAD, MUMBAI-64, REPRESENTED BY ITS MANAGING PARTNER. BY ADV. SRI.N.JAMES KOSHY SRI.E.K.NANDAKUMAR SRI.KALLADA K.SUKUMARAN SRI.G.SREEKUMAR (CHELUR) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN,JJ. ---------------------------------------------- W.A.N0.515 OF 2008 ---------------------------------------------- Dated, 10th March, 2008 JUDGMENT Raman,J. This appeal is against the judgment in W.P(C) No.2855/2008 seeking to quash Ext.P5 notice and all further proceedings and to direct the Debt Recovery Tribunal, Ernakulam to consider and pass appropriate orders in Ext.P10 application. The case has got a chequered history. The writ petitioner approached the Tribunal earlier by filing interim application against the sale which was dismissed. Appeal was filed. There was also a move for transfer and finally when the bank proceeded to sell the property, interim injunction application was filed by his son Chacko, the 4th respondent herein. Subsequently, the order of injunction was vacated. In the meantime, the learned counsel appearing for the appellants submits that tenders were finalised. The learned Single Judge thought, in the fact and circumstances, it will not be proper to go into the merits of the contentions WA 515/08 2 raised by the parties rather direct the Debt Recovery Tribunal to hear and dispose of the matter pending before the Tribunal. It is also observed that the matter requires detailed factual analysis and further as competent authority is the Debt Recovery Tribunal and already an application challenging the sale is filed in the form of Ext.P10. It is only just on the part of this Court to direct the Debt Recovery Tribunal, Ernakulam , the 9th respondent to bestow its attention to Ext.P10 application, hear both sides and dispose of the matter in accordance with law. All that this Court did was to enable to the competent authority to consider and dispose of the matter if there is any sale as of now. It is also observed that needless to say that the sale certificate which is directed not to be issued now, such direction will continue till the disposal of Ext.P10. It is submitted by the counsel for the appellant that the matter is posted to tomorrow before the DRT. In such circumstances , We do not think that none of the rights of the parties are affected by this order. There need not be any apprehension for the appellant and whatever contentions available to the appellant under law can be raised WA 515/08 3 by him before the DRT. In the view we take, we do not think the appeal need be entertained at this stage. Subject to what is stated above, the Writ Appeal is disposed of. P.R.RAMAN, JUDGE. V.K.MOHANAN, JUDGE. kvm/- WA 515/08 4 V.K.MOHANAN, J. No.... Judgment/Order Dated: