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. 25453 of 2008(E) -------------------------- OA.373/1998 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ K.V.BHUVANANCHANDRAN, S/O.K.K.VELAYUDHAN, KURUPPASSERIL HOUSE, NORTH - ARYAD P.O., ALAPPUZHA. BY ADV. SRI.C.S.ULLAS RESPONDENTS: ------------- 1. THE STATE BANK OF TRAVANCORE, REPRESENTED BY ITS MANAGER, KOCHI TRAVELS, KOCHI - 682 002. 2. THE DEBT RECOVERY APPELLATE TRIBUNAL, 4TH FLOOR, VIJAY BANK BUILDING, NEAR ETHIRAJ COLLEGE OF WOMEN, CHENNAI. 3. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, PANAMPILLY NAGAR, ERNAKULAM R1 BY ADV.SRI.SATHISH NINAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25453 OF 2008 ------------------------------------------- Dated this the 22nd day of August, 2008 JUDGMENT Petitioner is the 4th defendant in O.A.373/98 of the Debts Recovery Tribunal. That was decreed on 26.6.2006. He filed an appeal to the DRAT with an application to condone a delay of 384 days and to waive deposit. It is seen from the recitals in the writ petition that the recovery officer of the DRT issued proclamation for sale, to be held on 26.8.2008. The petitioner, therefore, states that he had moved the DRAT, Chennai on 7.8.2008 in open court for stay of sale and the matter came up on 11.7.2008 and was again adjourned to be mentioned on service of notice. According to the petitioner, the Chairperson of the DRAT adjourned the case in open court to 19.8.2008, however, that it was thereafter seen that the matter listed to 19.9.2008 and when that was brought to the notice of the learned Chairperson of the DRAT, the Tribunal indicated that the petitioner may move the matter for early posting. The aforesaid will show that even according to the petitioner, all that he had to do is only to file WPC.25453/08 Page numbers another early posting petition, seeking indulgence of the appellate Tribunal for listing the matter earlier. I am afraid that such course not having been adopted, it is not for this Court to interfere and issue any order today on 22.8.2008 in relation to a sale which is to take place only on 26.8.2008, while the DRAT is well within authority to fix the matters for consideration. Hence, I find no ground for this Court to intervene at this point of time. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.