IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4514 of 2009(K) ------------------------- AGAINST THE ORDER DATED / / IN DRC. 2729 /2004 IN OA.123/2004 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- VIMAL MANGALAN, S/O.S.MANGALAN, KAIPPALLY SAROJA MANDIRAM, KADAKKAVOOR, TRIVANDRUM. BY ADV. SRI.DEEPU THANKAN RESPONDENT(S): --------------- 1. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL KERALA AND LAKSHADWEEP, K.S.H.B.BUILDING, PANAMPILLY NAGAR,KOCHI-36. 2. THE SOUTH INDIAN BANK LTD, REP; BY ITS MANAGER, CHAKKAL BRANCH, TRIVANDRUM. 3. SHRI.R.JAYACHANDRAN, KAVUVILA HOUSE, THOTTAKKAD.P.O,KALLAMBALAM, TRIVANDRUM. 4. SMT.JAYASREE NARAYANA PILLAI, W/O.NARAYANA PILLAI, T.C.IV/9071,KRIPA, ADITHYA BUILDING, KOWDIAR, TRIVANDRUM. 5. G.I.C.HOUSING FINANCE LTD, REP; BY ITS BRANCH MANAGER,ERNAKULAM BRANCH, T.D.ROAD, COCHIN. By GEORGE VARGHESE FOR R2 BY K JAJU BABU FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 4514 OF 2009 ............................................ DATED THIS THE 11TH DAY OF FEBRUARY, 2009 JUDGMENT Advocate George Varghese appears for second respondent. Advocate Jaju Babu appears for fifth respondent. Notice to first, third and fourth respondents dispensed with, preserving their right to move for review of this judgment. Leaving open all the contentions of respondents 2 to 5 and the petitioner and without expressing anything on merits, this writ petition is ordered directing that first respondent will consider Ext.P4 after hearing the necessary parties. It is clarified that this judgment does not touch on the sustainability or maintainability or any view of the matter raised in the said application. Let that application be considered, only if petitioner deposits the entire amount offered within a period of one week from today. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/12/2