IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 23180 of 2008(H) -------------------------- OA.323/2006 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ ALFRED JOHN, S/O.DANAM NADAR, A.N.BUNGLOW, KANAVOORKONAM, MANNAMKONAM P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.SUDHEER RESPONDENTS: ------------- 1. THE FEDERAL BANK LTD., CHEMBOOR BRANCH, REPRESENTED BY ITS MANAGER, CHEMBOOR P.O. NEYYATTINKARA. 2. RECOVERY OFFICER, OFFICE OF THE RECOVERY OFFICER, DRT, 8TH FLOOR, PANAMPALLY NAGAR, COCHIN - 36. R1 BY S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23180 OF 2008 ------------------------------------------- Dated this the 4th day of August, 2008 JUDGMENT The petitioner challenges sale proceedings of the Debts Recovery Tribunal and the recovery officer under it. The materials on record, particularly Ext.P3 judgment and Ext.P4 order on the Contempt of Court case, apparently show that the petitioner had been trying to dodge the final enforcement proceedings. In the meanwhile, Ext.P6 decision of the Kerala State Agricultural Debt Relief Commission has been issued. On the basis of that, learned counsel for the Bank states that among the different transactions that the petitioner had, ASTL 680 and ASTL 681 are entitled to certain benefits under the Debt Relief Scheme, which, quantified, would be just over Rs.3,00,000/- and the remaining outstandings even as of now, could be more than Rs.18.95 lakhs. Under such circumstances, unless the petitioner remits such amount, there is no purpose in making any attempt to further drag on the proceedings before the Tribunal. Hence, WPC.23180/08 Page numbers without prejudice to the right of the petitioner to have the sale proceedings only to the extent of the amounts due to the Bank in terms of what is stated above, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.5/8.