IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 W.P(C).No. 27152 of 2008(G) -------------------------- DRC.NO. 2396/ FB OF DEBTS RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONERS: ----------- 1. S.M.BASHEER, S/O.SHAHUL HAMEED, RESIDING AT HOUSE NO. 219, 2ND AVENUE A.K.G.NAGAR, PEROORKADA, TRIVANDRUM DISTRICT. 2. A. FATHIMUTHU,W/O. S.M.BASHEER, RESIDING AT HOUSE NO.219, 2ND AVENUE A.K.G.NAGAR, PEROORKADA, TRIVANDRUM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB SRI.THOMSON T. KURICHIYANI RESPONDENTS: ------------ 1. THE FEDERAL BANK OF INDIA LTD. (REGISTERED OFFICE ALUVA), REPRESENTED BY ITS MANAGER AND PRINCIPAL OFFICER, KALLIKKAD BRANCH, KALLIKKAD POST, TRIVANDRUM DISTRICT. 2. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27152 OF 2008 ------------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT The petitioners suffered Ext.P1 decree on 7.4.2003, ex parte, for recovery of money of Rs.9,93,357/-, with interest at 16.5% per annum with quarterly rests. That has become final. Obviously, thereafter, the bank moved the Debt Recovery Tribunal under the Recovery of Debts due to Banks and Financial Institutions Act and obtained a recovery order resulting in a recovery certificate. Now, two items of properties of the petitioners have been brought to sale as per Ext.P3 proclamation. Though the petitioner states that an amount of Rs.6.5 lakhs has been paid by different instalments, I am not impressed to hold that there is any jurisdictional error or legal infirmity in the impugned orders since the writ petition is filed mainly challenging the rate of interest and that the interest imposed is in excess of the provisions under section 34 CPC and other grounds referable to the illegality or otherwise of the WPC.27152/08 Page numbers recovery order. The recovery order was not appealed against under the RDB Act and that has become final. Not only that, the ex parte decree, Ext.P1, had become final and the consequences of that decree has to follow. On the totality, it appears that the petitioners, who availed a facility of Rs.4.5 lakhs in the year 1996, have sufficiently good assets since Ext.P3 itself discloses the availability of semi finished residential building as also another residential and commercial building which are now brought to sale. Under such circumstances, this is not a case where any benevolence need be extended at all. However, having regard to the very persuasive request of the learned counsel for the petitioners, it is directed that if the petitioners remit an amount of Rs.6 lakhs within a period of two weeks from now, the impugned sale will stand deferred by a period of another three weeks to provide the petitioners opportunity to wipe off the entire outstandings. Otherwise, the Recovery Officer shall proceed with sale without any further notice. This WPC.27152/08 Page numbers will be treated as a last chance for the petitioners to save the properties. The writ petition is disposed of with the above directions. Communicate copy of this judgment to the Recovery Officer. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.