IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 17945 of 2008(J) -------------------------- OA.215/2005 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ CELINE VARGHESE,W/O. VARGHESE JOSEPH PAZHAMPASSERRY HOUSE, ARTHUNKAL, CHERTHALA SOUTH ALAPPUZHA DIST.REP. HER S/O.THE POWER OF ATTORNEY HOLDER SEBASITAN VARGHESE,S/O.VARGHESE, AGED 35 ARTHUNKAL, CHERTHALA SOUTH ALAPPUZHA DIST. BY ADV. SRI.K.RAMANATHAN RESPONDENTS: ------------- 1. VELLOOKKADAN PLANTATIONS PVT. LTD. STERLING HOUSE, STERLING JUNCTION, KALOOR KADAVANTHRA ROAD, ERNAKULAM. 2. ABRAHAM PHILIP VELLOOKKADANS STERLING HOUSE, STERLING JUNCTION, KALOOR KADAVANTHRA ROAD, ERNAKULAM. 3. THE RECOVERY OFFICER DEBT RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP) NEAR MANORAMA JUNTION, ERNAKULAM) BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.17945 OF 2008 ------------------------------------------- Dated this the 17th day of June, 2008 JUDGMENT The petitioner obtained a money decree against respondents 1 and 2. An item of property belonging to respondents 1 and 2 was sold in recovery proceedings by the third respondent, recovery officer of the Debts Recovery Tribunal. That sale yielded more amounts than that was required to satisfy the debt of the Bank. The recovery certificate thus having been satisfied, the remaining amount in the hands of the recovery officer, which belongs to the judgment debtors before the DRT, is the material that has been placed under attachment. The question of any priority among different other creditors or respondents 1 and 2 in the matter of sharing those amounts will depend upon orders of the competent courts. Under such circumstances, without expressing anything on merits, the Sub Court, Cherthala is directed to take up any report of the third respondent, which, it is stated, is placed WPC.17945/08 Page numbers before that court for further directions. The learned Sub Judge will hear the counsel for the decree holder in the matter pending execution before that court and consider the different relevant provision in Order 21 and pass appropriate orders as expeditiously as possible. The writ petition ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.18/6.