IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25265 of 2008(G) --------------------------------------- PETITIONER: ------------------- ABDUL SALIM, S/O.LATE MOHAMMED HANEEFA, LEENA ROSE MANZIL, EDAVA, VARKALAI, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR. RESPONDENTS: ----------------------- 1. THE FEDERAL BANK LTD., REPRESENTED BY ITS BRANCH MANAGER, EDAVA BRANCH, CHIRAYINKIL, THIRUVANANTHAPURAM. 2. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM, REPRESENTED BY ITS REGISTRAR. ADV. SRI.GEORGE VARGHESE (MANACHIRAKEL) FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25265 of 2008-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of August, 2008. JUDGMENT Petitioner claims that after he purchased an item of property as per Ext.P1 in a court auction, it was found that that property was mortgaged to the first respondent by the judgment debtor under Ext.P1. He, therefore, states that he may be permitted to pay off the amounts due to the first respondent under the recovery certificate issued by the second respondent and close the transaction within a period of two months to enable him to enjoy the property. In the aforesaid circumstances, this writ petition is ordered directing that if the petitioner applies to the Debts Recovery Tribunal for release of the documents on the deposit of the entire outstandings before the Recovery WP(C)25265/2008 -: 2 :- Officer in terms of the recovery certificate, the same will be considered and appropriate orders issued in accordance with law. This will be on further condition that the entire amount due to the bank under the recovery certificate is deposited in two instalments payable on or before the 19th September, 2008 and on or before the 24th October, 2008. If there is default in depositing any of the instalments as afore- directed, the Tribunal, Recovery Officer and the bank can proceed with such action as may be found necessary for recovering the amounts. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/220808