IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 38078 of 2008(G) -------------------------- .................... PETITIONER(S): --------------- R.V.MOHAMMED AYOOB, S/O.EASAKUTTY HAJI, RAYAMARAKAR VEETTIL, THREE STAR STOP, PAVARATTY P.O., THRISSUR DISTRICT. BY ADV. SRI.SUDHEESH.A. SMT.C.V.BINDU RESPONDENT(S): --------------- 1. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL (KERALA AND LAKSHADWEEP), 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR, KOCHI-36. 2. THE FEDERAL BANK LTD., S.T.NAGAR BRANCH, THRISSUR REPRESENTED BY THE BRANCH MANAGER. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.38078 OF 2008 & I.A.No.990 OF 2009 ------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT This writ petition is filed seeking time to pay off the outstandings and avert the sale listed by the Recovery Officer of the Debts Recovery Tribunal. Recording the limited submission made on 26.12.2008, it was ordered that the sale listed on 28.1.2009 be adjourned if an amount of Rs.10,00,000/- is paid on or before 22.1.2009. That amount was not even one half of the amount fixed for recovery as reflected by Ext.P1, which is Rs.23,57,746.50 as on 10.12.2008. The petitioner has filed I.A.990/09 stating that he has paid Rs.4,00,000/-. He thereby seeks extension of time till 30.3.2009 to pay off the balance amount of Rs.6,00,000/-. It is quite impermissible. The plea projected is that the petitioner has a prospective buyer of his share of the property and that the sale through the Recovery Officer needs to be averted awaiting compliance of the private sale. I do not think that it is necessary for this Court to further WPC.38078/08 Page numbers detain this matter, because, the petitioner has alternate remedy to approach either the DRT or the Recovery Officer, as the case may be, for relief of extension of time or for any other measure. Recording the submission that an amount of Rs.4,00,000/- has been paid under the recovery certificate, as stated above, this writ petition and the I.A. are dismissed without prejudice to the right of the petitioner to seek relief before the statutory authority. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.