IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 31653 of 2008(R) -------------------------- PETITIONER(S): --------------- SHELMY MATHEW, D/O.N.C.MATHEW, NAMBUDALATHU HOUSE, THALANADU P.O KOTTAYAM. BY ADV. SRI.JOHN JOSEPH(ROY) SRI.P.REJINARK SRI.P.REJINARK RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, REPRESENTED BY CHIEF MANAGER, KOTTAYAM MAIN BRANCH, KOTTAYAM. 2. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. 3. MOONUKANDATHIL MODERN MILLS, REPRESENTED BY ITS MANAGING PARTNER JACOB M.J., ARPOOKARA WEST P.O., KOTTAYAM. R1 BY ADV.SRI.R.S.KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31653 OF 2008 ------------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the third respondent is dispensed with, preserving his right to move for review of this judgment, if aggrieved. 2. The second respondent Recovery Officer of the Debt Recovery Tribunal conducted an auction. The third respondent is the debtor. The petitioner is the auction purchaser who offered the highest amount. The sale was confirmed in his name. He was required to tender 25% of the purchase price on that day itself. He made it available in cash. The second respondent refused to receive it by taking the stand that the Recovery Officer can only accept demand drafts. The petitioner drew a demand draft on the next day morning and made it available, but, the Recovery Officer refused to accept. WPC.31653/08 Page numbers The auction is conducted at or after 2.30 p.m. on the date fixed for it. It is a matter of common knowledge that almost all banks would close their banking hours by that time. It is wholly unjust for a public authority like DRT to insist that amounts shall be paid by demand draft on the same day. The practical difficulties of working out the rules should persuade the officer to take such reasonable actions. It may be a matter of practical wisdom by the compulsion of the governing rules that the Recovery Officer does not accept cash. It is quite advisable in such circumstances that the petitioner in the case in hand is permitted to produce the demand draft for the amount the very next day and that should be taken as lawful discharge of the liability to pay 25% on confirmation of the sale. It is so declared and it is directed that the second respondent will receive the original of Ext.P1 series and act on it as if it was deposited on the date of sale in question. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.