IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 27517 of 2009(H) -------------------------- OA.349/2001 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- K.H.ABDULLA, AGED 58 YEARS, S/O.HASSAN, MANAGING DIRECTOR, M/S.SWAPNA BONEMEAL CO., FISH MARKET ROAD, PERUMBAVOOR, ERNAKULAM. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): --------------- 1. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, AT ERNAKULAM. 2. UNION BANK OF INDIA, HEAD OFFICE, MUMBAI, REPRESENTED BY ITS CHAIRMAN. ADV. SRI.A.V.THOMAS FOR R2 ADV.T.P.M.IBRAHIM KHAN, ASC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.27517 of 2009 ================== Dated this the 13th day of October, 2009 J U D G M E N T The petitioner challenges the sale of the mortgaged properties in a proceeding before the Debts Recovery Tribunal (DRT) by the Recovery Officer of the DRT. This is stoutly opposed by the counsel for the bank. According to the counsel for the bank, the petitioner is not at all aggrieved in so far as the properties which are proposed to be sold, do not belong to the petitioner and he is only a director of the borrower company. Further it is submitted that if the petitioner is aggrieved by the order of the Recovery Officer, the petitioner's remedy lies in resorting to the remedies as provided under the Recovery of Debts Due to Banks and Financial Institutions Act (“the Act”). 2. I have heard both sides. 3. After hearing both sides, I am not satisfied that the petitioner is entitled to challenge the same in so far as the owners of the properties are not before me either as petitioners or as respondents. Further, if the petitioner is aggrieved by the order of the Recovery Officer, the petitioner can resort to the remedies available under the Act. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2