IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 2019 of 2008(M) ------------------------- OA.196/2006 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ GEORGE MATHEW, S/O.V.M.MATHEW, 10F, PANJOS GARDENS, PADIVATTOM, EDAPPALLY P.O., ERNAKULAM DISTRICT, KOCHI - 682 024. BY ADV. SRI.THOMAS T.VARGHESE SRI.SASI.N RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NEW DELHI. 2. DEBT RECOVERY TRIBUNAL, 5TH FLOOR, KSHB BUILDING, PANAMPALLY NAGAR, ERNAKULAM. 3. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL 8TH FLOOR, KSHB BUILDING, PANAMPALLY NAGAR, ERNAKULAM. 4. FEDERAL BANK LTD., KANDANKULATHY TOWERS, M.G.ROAD, ERNAKULAM, KOCHI-682 011. R4 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) R1 BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.2019 of 2008 ================================== Dated this the 17th day of January, 2008. JUDGMENT Petitioner is one among the two debtors in terms of Exts.P1 and P2. He applied to the Debts Recovery Tribunal sometime in December for time to make the payment in terms of Ext.P2. Time was granted by one month. Thereafter, Ext.P3 was filed before the DRT seeking further enlargement of time. This writ petition is filed on the premise that the learned Tribunal is not likely to consider the application (Ext.P3) since the Presiding Officer is on leave and the officer to whom charge is to be given is not available. Whatever that be, the only plea in the affidavit accompanying Ext.P3 application is for two months' time to settle the liability. WPC2019/2008 -:2:- That affidavit is sworn to on 14-1-2008. This means that even according to the petitioner he needs time to pay off the outstandings till 15- 3-2008. 2. Under such circumstances, as a last chance, distress action, following Ext.P2, will stand deferred if the petitioner deposits an amount of Rs.2,50,000/- (two lakhs fifty thousand) within a period of two weeks from now and a further amount of Rs.5,00,000/- (five lakhs) within another one month and the remaining amount on or before 15-3-2008. The recovery officer will schedule the listing of the sale proceedings to ensure that if there is default in making any of the remittances aforedirected, the sale would be conducted immediately without further notice to the WPC2019/2008 -:3:- petitioner. Writ petition is disposed of in the above terms. It is clarified that the time limit fixed herein will be treated as peremtory. Thottathil B.Radhakrishnan, Judge. sl.