IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 W.A.No.1793 of 2008 ------------------------------------- AGAINST THE JUDGEMENT IN O.P.NO.36525/2001(W), DATED 12/06/2008 .................... APPELLANT/PETITIONER:- -------------------------------------- BHARAT PETROLEUM CORPORATION LTD., ERNAKULAM, REPRESENTED BY ITS TERRITORY MANAGER, IRUMPANAM P.O., COCHIN 682 309. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) & SRI.S.SUJIN RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1. DEBT RECOVERY TRIBUNAL, ERNAKULAM, REPRESENTE BY ITS REGISTRAR, KERALA STATE HOUSING BUILDING, PANAMPILLY NAGAR, ERNAKULAM. 2. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM, PANAMPILLY NAGAR, ERNAKULAM. 3. INDIAN BANK, CHETPET BRANCH, CHENNAI, REPRESENTED BY ITS MANAGER. 4. M/S LUKE ENTERPRISES, REPRESENTED BY ITS PROPRIETOR, T.M. LUKE, NO. 85, MEDAVAKKAM TANK ROAD, KELLEYS, CHENNAI -10. 5. MRS. MARGERETTE LUKE, 239, 8TH CROSS STREET, T.P. CHATRAM, CHENNAI -10. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.A.No.1793 of 2008 ---------------------------------------------- Dated, this the 28th day of August, 2008 JUDGMENT H.L.Dattu,C.J. This appeal is directed against the orders passed by the learned Single Judge in O.P.No.36525 of 2001 dated 12.06.2008. (2) In the writ petition filed, the petitioner had called in question the correctness or otherwise of Exhibit P5 order passed by the Recovery Officer, Debts Recovery Tribunal, Ernakulam (Kerala and Lakshadweep) in case number DRC.438/2001 (Old DRC 229/98), dated 23.10.2001. The other prayer was to direct the 2nd respondent not to put to auction sale the property comprised in Survey No.305/1 of Re-survey No.65, having an extent of 17.14 cents, situated in Perumbavoor Village containing building with door No.XII/40B of Perumbavoor Municipality, pending disposal of the Original Petition and, lastly, for a direction to the Recovery Officer, Debts Recovery Tribunal, not to proceed with the sale of property as ordered in DRC No.229/98. (3) The learned Single Judge has disposed of the writ petition directing the 2nd respondent to withhold the sale proceedings for six weeks from the date of that order, so as to enable the petitioner to arrange for settlement of liability towards the Bank, if they so desire. Being dissatisfied with the aforesaid order, the petitioner in the writ W.A.No.1793 of 2008 - 2 - petition has presented this Writ Appeal. (4) If, for any reason, the petitioner is aggrieved by Exhibit P5 order passed by the Recovery Officer of the Debts Recovery Tribunal, he has to prefer an appropriate appeal as provided under the Act. Instead of doing so, the petitioner has rushed to this Court. (5) At the time of hearing of this Writ Appeal for admission, Sri.N.N.Sugunapalan, learned Senior Counsel, very fairly submits that he would prefer an appeal before the Debts Recovery Appellate Tribunal against Exhibit P5 order within a month's time from today and a direction may be issued to the Debts Recovery Appellate Tribunal to consider the appeal that may be filed on its merits without being influenced by any one of the observations made by the learned Single Judge in the writ petition. (6) In our opinion, the request of the learned Senior Counsel appears to be reasonable and, if it is granted, no prejudice will be caused to the respondents. (7) In the above view of the matter, without going into the other details of the case, the Writ Appeal is disposed of, reserving liberty to the appellant, if it so desires, to question the correctness or otherwise of the orders passed by the Recovery Officer, Debts Recovery Tribunal, Ernakulam in DRC No.438/2001 (Old DRC 229/98) dated 23.10.2001, W.A.No.1793 of 2008 - 3 - before the Debts Recovery Appellate Tribunal within a month's time from today. If such an appeal is filed, we request the Appellate Tribunal to consider the said appeal on its merits without reference to the period of limitation and untrammelled by any one of the observations made by the learned Single Judge in the writ petition. All the contentions of both the parties are left open. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge