IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 19959 of 2004(A) -------------------------------------- PETITIONER: ------------------ T. THOMAS MATHAI, AGED 46 YEARS, S/O. MATHAI, THADVILLA, CHANGANPUZHA NAGAR, KOCHI-682 033. BY ADV. SRI.P.J.MATHEW RESPONDENTS: ---------------------- 1. THE RECOVERY OFFICER, OFFICE OF THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL (KERALA AND LAKSHADWEEP), 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR, KOCHI. 2. FEDERAL BANK LIMITED, BROADWAY BRANCH, ERNAKULAM REP. BY ITS BRANCH MANAGER. 3. JYOMON BUILDIERS AND REAL ESTATES (PVT) LTD., NAMBIAR BUILDINGS, SASTHA TEMPLE LANE, S.R.M. ROAD, ERNAKULAM, KOCHI-18, REP. BY ITS EXECUTIVE DIRECTOR, P.D. DIVAKARAN. 4. P. DIVAKARAN, EXECUTIVE DIRECTOR, JYOMON BULDERS AND REAL ESTATE (PVT)LTD., NAMBIAR BUILDINGS, SASTHA TEMPLE LANE, S.R.M. ROAD, ERNAKULAM, KOCHI-18. 5. VINOD, MANAGING DIRECTOR, JYOMON BUILDERS AND REAL ESTATES (PVT.) LTD., NAMBIAR BUILDINGS, SASTHA TEMPLE LANE, S.R.M. ROAD, ERNAKULAM, KOCHI-18. 6. THE ADVOCATE RECEIVER, IN C.P.NO.37/1998, HIGH COURT OF KERALA, ERNAKULAM. 7. SARATH CHANDRA DAS, NADUVAT, T.V. PURAM, VAIKOM. ADV. SRI.A.ANTONY FOR R2 SMT.LEELAMMA ANTONY FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).19959/2004-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT FOR SALE ENTERED IN TO BY THE PETITIONER AND THE 3RD RESPONDENT DATED 22/03/1996. EXT.P2: COPY OF THE AGREEMENT OF SALE EXECUTED BY THE PETITIONER AS DOCUMENT NO.3133/96 OF THE EDAPALLY SUB REGISTRY DATED 15/07/1996. EXT.P3: COPY OF THE AGREEMENT DATED 15/07/1996 BETWEEN THE PETITIONER AND THE 3RD RESPONDENT. EXT.P4: COPY OF THE PLAINT PREFERRED BY THE PETITIONER IN O.S. NO.525/1998 BEFORE THE SUB COURT ERNAKULAM. EXT.P5: COPY OF THE ORDER OF THIS HONOURABLE COURT IN REPORT NO.9 CH.444/1998 IN C.P. NO.37/1998 DATED 21/01/1999. EXT.P6: COPY OF THE PROCLAMATION OF SALE ISSUED BY THE 1ST RESPONDENT DATED 16/01/2004. EXT.P7: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT BANK TO THE PETITIONER DATED 08/09/2006. RESPONDENT'S EXHIBITS: EXT.R(2)(1): COPY OF THE ORDER DATED 28/06/2002 PASSED BY THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM IN D.A.K-11/1999. // TRUE COPY // P.A. TO JUDGE Rs/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.19959 OF 2004 & I.A.No.10522 OF 2008 ------------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT The statements in the affidavit filed in support of I.A.10522/08 have been perused. Those statements have been recorded and it is ordered that the first respondent shall issue sale certificate in favour of the petitioner or his nominee on payment of the entire amounts in terms of the affidavit. However, if there default in remitting any of those instalments, the benefit of this order shall stand recalled. In the light of the aforesaid order on the I.A., the writ petition is dismissed since no further orders are called for. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.14/8.