IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21753 of 2008(M) -------------------------------------- OA.341/2002 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ----------------- THRESIAMMA MATHAI, AGED 59, D/O.MATHAI, AND W/O.LATE ZAKARIAS, KOLLAKAMBIL HOUSE, PERUVANTHANAM P.O., IDUKKI (DIST). BY ADV. SRI.P.V.GEORGE(PUTHIYEDAM) RESPONDENTS: ---------------------- 1. CANARA BANK, OVERSEAS BRANCH, REPRESENTED BY BRANCH MANAGER, KARUNA BUILDINGS, M.G.ROAD, ERNAKULAM, KOCHI-35. 2. RECOVERY OFFICER, OFFICE OF THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, PANAMPILLY NAGAR, KOCHI-36. 3. M/S.ASIA MARINE EXPORTS, DOOR.NO.29, 893-A, JANATHA ROAD, REP. BY ITS PROPRIETOR MANOJ SEBASTIAN. 4. MANOJ SEBASTIAN, S/O.T.M.SEBASTIAN, THARAPPEL HOUSE, MADUKKAKUNNU P.O., (VIA) PALAI, KOTTAYAM (DIST) 5. T.M.SEBASTIAN, THARAPPEL HOUSE, MADUKKAKUNNU P.O., (VIA) PALAI, KOTTAYAM (DIST), 6. LILLYKUTTY SEBASTIAN, W/O.T.M.SEBASTIAN, THARAPPEL HOUSE, MADUKKAKUNNU P.O.(VIA) PALAI, KOTTAYAM (DIST). W.P.(C).21753/2008-M 7. SHAJIMON THAREPPEL, S/O.T.M.SEBASTIAN, THARAPPEL HOUSE, MADUKKAKUNNU P.O. (VIA) PALAI, KOTTAYAM (DIST). R1 BY ADV. SRI.P.GOPINATH MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.21753 of 2008-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of July, 2008. JUDGMENT The impugned sale is listed to 25-7-2008. The application before the Debts Recovery Tribunal seeking to set aside the ex parte recovery order is listed to 5-9-2008. It is submitted by the learned counsel for the first respondent bank, on instructions, that the application to set aside the ex parte recovery order was being adjourned only at the instance of the writ petitioner. Even if any sale takes place on 25-7-2008, that could only be subject to any order that the Tribunal would pass on the application to set aside the ex parte recovery order. Under such circumstances, it is for the petitioner to move the learned Tribunal for an early disposal of the application to set aside the ex parte order. WP(C)21753/2008 -: 2 :- If she makes such a request, the learned Tribunal will consider that application for advancing the hearing most sympathetically. Short of the above, the petitioner is not entitled to any relief in this writ petition since different other statutory proceedings are available to her. The writ petition is ordered accordingly leaving open all other contentions. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/220708