IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WP(C).No. 19548 of 2008(B) -------------------------- IA 136/2008 IN OA.296/2002 of DRT, ERNAKULAM .................... PETITIONER: ------------ L.RAJENDRAN, S/O.LEKHMANAN, RESIDING AT 101, HARITHA NAGAR V.V.ROAD, PATTOOR, THIRUVANANTHAPURAM BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS: ------------- 1. THE RECOVERY OFFICER, O/O.THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, PANAMPALLY NAGAR, COCHIN-36 2. DENA BANK , T.C.37/1392, 4, RAJADHANI BUILDING, EAST FORT, PB.NO.5047, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.19548 OF 2008 ------------------------------------------- Dated this the 30th day of June, 2008 JUDGMENT Notice to the first respondent dispensed with. Having regard to the nature of the order being issued hereunder, notice to the second respondent is also dispensed with, preserving its right to move for review of this judgment, if aggrieved. 2. According to the petitioner, he has filed an application to set aside a recovery order, which, according to him, was passed ex parte owing to the absence of counsel at the hearing of the O.A. He apprehends that the recovery officer will proceed with the same before a final decision is taken on the application to set aside the ex parte recovery order. Without expressing anything on merits, after hearing learned counsel for the petitioner, this writ petition is disposed of directing that the impugned recovery proceedings will stand WPC.19548/08 Page numbers adjourned for a period of one month for enabling the petitioner to move the Debts Recovery Tribunal for any interlocutory order regarding the sale or in relation to the application stated to have already been filed as I.A.No.136/08 to set aside the ex parte recovery order. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.30/6.