IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 6937 of 2009(J) ---------------------------------------- PETITIONER(S): -------------------------- RANGA NAYAKI.N., W/O.THE LATE P.S.MOHAN KUMAR, NANDA VIHAR, NETTIPADAM ROAD, KUNNAMPILLY LANE, ERNAKULAM, KOCHI – 16. BY ADV. SMT.S.K.DEVI RESPONDENT(S): -------------------------- 1. M/S.FEDERAL BANK LTD., ALUVA, REPRESENTED BY THE CHIEF MANAGER, ASSET RECVERY BRANCH, FEDERAL TOWERS, MARINE DRIVE, KOCHI – 31. 2. M/S. RAMANIKA SILKS (P) LTD., M.G. ROAD, ERNAKULAM, COCHIN – 35, REPRESENTED THE OFFICIAL LIQUIDATOR, O/O. THE REGISTRAR OF COMPANIES, KAKKANAD, OPP.NPOL, ERNAKULAM. 3. SRI. J.C.AUGUSTINE, S/O.C.AUGUSTINE, G 346, PANAMPILLY NAGAR, COCHIN – 682 015. 4. SMT. BERNADINE AUGUSTINE, J.C.AUGUSTINE, S/O.C.AUGUSTINE, G 346, PANAMPILLY NAGAR, COCHIN – 682 015. 5. OFFICIAL LIQUIDATOR, HON'BLE HIGH COURT OF KERALA, O/O.THE REGISTRAR OF COMPANIES, OPP.NPOL, KAKKANAD, ERNAKULAM. Kss ..2/- ...2..... WPC.NO.6937/2009 J 6. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, HOUSING BOARD BUILDINGS, PANAMPILLY NAGAR, ERNAKULAM. 7. THE DEBT RECOVERY TRIBUNAL, HOUSING BOARD BUILDINGS, PANAMPILLY NAGAR, ERNAKULAM REPRESENTED BY ITS REGISTRAR. 8. RESERVE BANK OF INDIA, CENTRAL OFFICE, MUMBAI – 400 001, REPRESENTED BY ITS GOVERNOR. 9. MINISTRY OF FINANCE, GOVERNMENT OF INDIA, DEPARTMENT OF ECONOMIC AFFAIRS, NEW DELHI – 110 001, REPRESENTED BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ============================== WP(C) No. 6937 of 2009 ============================== Dated this the 4th day of March, 2009 JUDGMENT The petitioner seeks to challenge the decision leading to Ext.P23, proclammation of sale. Though the said sale is listed to be on 9.3.2009, the petitioner states that the order leading to Ext.P23, which was issued by the Recovery Officer on 30.1.2009 is not available, though an application for certified copy was filed on 5.2.2009. The petitioner has a remedy before the Presiding Officer of Debt Recovery Tribunal against the decision of the Recovery Officer. The certified copy has, therefore, to be immediately issued so that the petitioner could seek relief. The writ petition is disposed of without entering on merits, however, directing that the certified copy of the order,on the basis of which Ext.P23 has been issued, shall be released to the petitioner forthwith on production of a copy of this judgment. All other issues are left open. If the Presiding Officer of Debt Recovery Tribunal is unable to entertain any appeal of the WP(C) 6937/2009 petitioner before the date fixed for sale in Ext.P23, the confirmation of any sale following Ext.P23 will stand suspended for a period of 21 days to enable the Presiding Officer of Debt Recovery Tribunal to consider any appeal for interim relief. Issue copy of judgment today itself. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/4/3