IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 31460 of 2008(T) -------------------------- OA.217/2000 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- BALAKRISHNA ASARI, S/O.KUNJU KUNJU ASARI AGED 78 YEARS, VARUVADAKKETHIL HOUSE, PULIMON VILLAGE, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.N.SASIDHARAN NAIR RESPONDENT(S): --------------- 1. RECOVERY OFFICER,DEBTS RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP)8TH FLOOR, K.S.H.B.BUILDING, PANAMPILLY NAGAR, COCHIN-682036,KERALA. 2. CATHOLIC SYRIAN BANK, KUNDARA BRANCH, REPRESENTED BY ITS MANAGER. SHRI.R.S.KALKURA, SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------- W.P.(C.) No. 31460 of 2008 --------------------------------- Dated, this the 24th day of October, 2008 J U D G M E N T The petitioner challenges Ext.P3. By Ext.P3, the recovery officer took note the fact that despite the time being granted for private sale, the certificate debtors have failed to make payment towards the certificate debt and the certificate for private sale is cancelled. 2. Heard learned counsel for the petitioner and the learned standing counsel Shri.R.S.Kalkura. 3. The sale proclamation was issued under the Debt Recovery Act. The sale is to take place on 28/10/2008. Learned counsel for the respondent Bank submits that the petitioner has an alternate remedy available under the Debt Recovery Act and he may approach the said authority. There is no case made out for interference under Article 226 in this matter. But it is open to the petitioner to approach and seek his remedies before the appellate authority under Section 30 WP(C) No.31460/2008 -2- of the Debt Recovery Act. In order to facilitate the petitioner for doing so, it is ordered that the sale posted on 28/10/2008 will be adjourned for a period of ten days. The writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) jg