IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 OP (DRT).No. 1884 of 2011(O) ------------------------------------------- APPEAL NO.25 OF 2010 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONERS: --------------------- 1. M/S.PARISONS FOODS PVT. LTD., REGD. OFFICE: 6/1183, CHEROOTTY ROAD, CALICUT-673 032, REPRESENTED BY ITS DIRECTOR-N.K. KHALID. 2. N.K. KHALID, DIRECTOR, M/S.PARISONS FOODS PVT. LTD., REGD. OFFICE: 6/1183, CHEROOTTY ROAD, CALICUT-673 032. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): -------------------------- 1. THE DEBTS RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP) 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR, ERNAKULAM, COCHIN-682 036. 2. SAIDALIKUTTY @ BAVA, T.P.HOUSE, KALPAKAMCHERRY, MALAPPURAM-676 026. 3. STATE BANK OF INDIA, KOLLAM MAIN BRANCH, KOLLAM DISTRICT-691 001. R2 BY ADV. SRI.GEORGE POONTHOTTAM, SRI.N.SASI. R3 BY ADV. MR.R.S. KALKURA, SC, SBT. THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP (DRT).No. 1884 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE CONFIRMATION ORDER DATED 30/07/2010 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE ORDER OF THE RECOVERY OFFICER OF THE TRIBUNAL DATED 30/07/2010 IN I.A.1914/2010. EXT.P3: COPY OF THE CERTIFICATE OF SALE GRANTED TO THE 1ST PETITIONER FROM THE 1ST RESPONDENT DATED 08/09/2010. EXT.P4: COPY OF THE APPEAL NO.25/2010 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT ON 09/09/2010. EXT.P5: COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT ON 20/10/2010 IN I.A.2056/2010. EXT.P6: COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 5/01/2011. EXT.P7: COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT TRIBUNAL ON 05/01/2011. EXT.P8: COPY OF THE REQUEST MADE BY THE PETITIONER TO THE RECOVERY OFFICER OF THE 1ST RESPONDENT TRIBUNAL ON 24/01/2011. EXT.P9: COPY OF THE I.A. NO.399/2011 FILED BY 2ND RESPONDENT EXT.P10: COPY OF THE COUNTER TO I.A. NO.399/2011 FILED BY THE PETITIONERS. EXT.P11: COPY OF THE I.A. NO.489/2011 FILED BY PETITIONERS. EXT.P12: COPY OF THE OBJECTION DATED 16/05/2011. EXT.P13: COPY OF THE ORDER IN I.A. NO.399/2011 DATED 01/06/2011. EXT.P14: COPY OF THE ORDER IN I.A. NO.489/2011 DATED 01/06/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S.SIRI JAGAN, J. ================== O.P.(DRT)No. 1884 OF 2011 ================== Dated this the 5th day of July, 2011 J U D G M E N T The 1st petitioner company is the auction purchaser of the 2nd respondent's property in recovery proceedings initiated by the 3rd respondent against the 2nd respondent for realisation of the loan amounts due from the 2nd respondent to the 3rd respondent. The 2nd petitioner is the director of the 1st petitioner company. The sale was confirmed in favour of the petitioners and the petitioners remitted the entire sale consideration of ` 1,67,00,000/-. The 2nd respondent, thereafter, preferred an appeal to set aside the sale before the Debt Recovery Tribunal and obtained extension of time to make payment. Though the Tribunal granted time, the 2nd respondent did not make payment as directed. Finally as a last chance, the Tribunal granted time up to 22.1.2011 to the 2nd respondent to pay the amount making it clear that it is the last chance and there will not be any further indulgence in the matter. But the 2nd respondent did not pay the amount and sought repeated adjournments of the case. On 17.2.2011, the 2nd respondent filed Ext.P9 petition for extension of time by furnishing a demand draft for ` 50 lakhs. On 24.2.2011, when the conditional order of status quo was vacated, the petitioners filed Ext.P10 objections and Ext.P11 petition for effecting delivery of the o.p.(drt)1884/11 2 property. The said applications were not considered by the 1st respondent and the 2nd respondent did not file any counter affidavit to Ext.P11. On 9.3.2011, without considering Ext.P11, an order of status quo was passed by the Tribunal overlooking the fact that the 2nd petitioner had failed to comply with the directions. Under these circumstances, the petitioners filed O.P(DRT) No.1063/2011 before this Court seeking expeditious consideration of the applications filed by them. Thereafter, I.A.No.1029/2011 was filed by the 2nd petitioner seeking disposal of the applications on the basis of the judgment of this Court in O.P(DRT) No.1063/2011 before this Court. Meanwhile, the 2nd petitioner paid a total amount of ` 186.50 lakhs, but did not comply with the direction of the Tribunal to pay entire debt within the stipulated time. The 3rd respondent bank filed its objections stating that an amount of ` 93,37,402/- is still due from the 2nd respondent. Exts.P9 and P11 were heard on 1.6.2011. The 1st respondent, without a valid reason, dismissed Ext.P11 and disposed of Ext.P9, vide Exts.P12 and P13 orders. It is under the above circumstances, the petitioners have filed this writ petition seeking the following relief: “Issue an order or direction setting aside the order passed by the 1st respondent in Ext.P13 and Ext.P14.” 2. But presently the petitioners would be satisfied with a direction to the 1st respondent-Tribunal to consider and pass orders on Ext.P4 appeal numbered as Appeal No.25/2010, expeditiously. o.p.(drt)1884/11 3 Respondents 2 and 3 have no objections to the said course of action. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P4 appeal numbered as 25/2010, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge