IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WA.No. 401 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19018/2010 Dated 19/10/2010 .................... APPELLANT(S): / PETITIONER -------------- N.THANGAVELU, AGED 60 YEARS, S/O.NACHUMUTHU CHETTIYAR, ANGLA NIVAS, MARATH LANE, THRISSUR - 680 001. BY ADV. SRI.B.RAMACHANDRAN RESPONDENT(S): / RESPONDENTS --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NEWDELHI - 110 001. 2. RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, KSHB BUILDING, PANAMPILLY NAGAR, KOCHI - 6872 036. 3. BANK OF INDIA, THRISSUR BRANCH, VADAKKE MADAM BUILDING, M.G.ROAD, THRISSUR - 688 001. 4. P.K.ASHARAF, S/O.P.K.KUNJU, PUTHENVEETTIL HOUSE, KOORUKKANCHERRY, THRISSUR DISTRICT, PIN - 688 007. MR.DEVAN RAMACHANDRAN MR.PEER MOHAMED KHAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No. 401 of 2011 --------------------------------- Dated, this the 24th day of March, 2011 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant. 2. The judgment under appeal is the one issued by the learned Single Judge declining to interfere with the matter on merits but leaving freedom to the appellant to file appeal against the sale made by the Recovery Officer before the Debt Recovery Tribunal. Since statutory remedy is available to the appellant, the learned Single Judge rightly declined to interfere with the matter, and therefore, we do not find any ground for interference. However, the learned counsel for the appellant submitted that at least an interim arrangement should be made for transfer of the amount deposited by him in deposit account, so that it earns interest. This is a matter which the appellant can raise in an interim application before the DRT along with the appeal to be filed by him. Since sale is already over, we direct the DRT to expedite the appeal and dispose of the same without any delay, if the appellant files it. The Writ Appeal is dismissed but with the above observations. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg