IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 5466 of 2010(G) ------------------------- OA.260/2000 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: --------------- THE FEDERAL BANK LIMITED KALOOR BRANCH, KALLOORKKAD, REPRESENTED BY ITS MANAGER. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: --------------- 1. ANNAKUTTY, W/O.JACOB, PICHAPILLIL HOUSE, THEKKE PUNNAMATTOM KARA, KADAVOOR VILLAGE. 2. DEBTS RECOVERY TRIBUNAL, KERALA & LAKSHADWEEP, 5TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR ERNAKULAM REPRESENTED BY ITS ASSISTANT REGISTRAR. R1 BY ADVS. SRI.P.V.BABY SRI.R.KIRAN SRI. T.P.M. IBRAHIM KHAN, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5466 of 2010 2 APPENDIX ------------- PETITIONER'S EXHIBITS ------------------------------ P1:- COPY OF THE FINAL ORDER DATED 28-4-2004 IN O.A. NO. 260/2000 PASSED BY THE DRT, ERNAKULAM P2:- COPY OF THE CLAIM PETITION FILED BY THE FIRST RESPONDENT AS I.A. NO. 2177/2007 IN DRC NO. 1734 P3:- COPY OF THE COUNTER TO EXT. P2 CLAIM PETITION FILED BY THE PETITIONER. P4:- COPY OF THE ORDER DATED 24-01-2008 PASSED BY THE RECOVERY OFFICER IN EXT. P2 CLAIM PETITION P5:- COPY OF THE MEMORANDUM OF APPEAL FILED BY THE 1ST RESPONDENT BEFORE THE DRT AS APPEAL NO.31/2008 P6:- COPY OF THE JUDGMENT DATED 27-03-2008 IN WP(C) NO. 4539/2008 P7:- EXTRACT OF THE PROCEEDINGS BEFORE THE DRT IN APPEAL NO. 31/2008 /TRUE COPY// PA TO JUDE P.R. RAMACHANDRA MENON, J. ........................................................................ I.A.No. 2499/2010 & WP (C) NO. 5466 OF 2010 ............................................ Dated this the 12th day of March, 2010 J U D G M E N T I.A. No.2499/2010 is a petition to implead the Recovery Officer, Debt Recovery Tribunal, Ernakulam as additional third respondent. Heard. Allowed. 2. The petitioner has approached this Court with the following prayers in the Writ Petition: A. Direct the second respondent to pass final orders on Appeal No. 31/2008 (which was heard finally and taken up for orders by the second respondent as early as on 6-10-2009) forthwith or within a time limit prescribed by this Honourable Court. B. Direct the Recovery Officer to release the amount of Rs.27.502 lakhs realized in the auction WP (C) NO. 5466 OF 2010 2 held on 24-01-2008 in DRC 1734 OA 260/2000 to the Petitioner forthwith or within a time limit prescribed by this Honourable Court. C. Grant such other reliefs as are deemed fit and proper in the facts and circumstances of this case. D. Grant the cost of this Writ Petition. 3. Learned Counsel appearing for the first respondent submits that, the said respondent has absolutely no objection with regard to the first prayer, so as to cause the matter tobe finalised by the second respondent, within a specific time and to entertain the second prayer, subject to the decision to be taken by the second respondent as above. 4. In the above circumstance, this Court does not find it necessary to consider the merits of the case and accordingly, taking note of the submission made by the learned counsel for the petitioner that, the Appeal No.31/2008 was finally heard on 06-10-2009 by WP (C) NO. 5466 OF 2010 3 the second respondent, the said respondent is directed to pass final orders thereon, in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this Judgment. The additional third respondent shall pass appropriate orders, with regard to the second prayer raised in the writ petition, subject to the orders to be passed by the second respondent in Appeal No.31/2008, giving effect to the same, which shall be passed and finalised as expeditiously as possible, at any rate within a period of one month thereafter. Writ Petition is disposed of , as above. Sd/- P.R. RAMACHANDRA MENON, JUDGE. //True copy// PA to Judge rkc