IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8464 of 2007(G)
1. B.HARIKUMAR, S/O.BHASKARAN NAIR,
... Petitioner
2. K.L.GANGA, W/O.B.HARIKUMAR,
Vs
1. THE FEDERAL BANK LTD.,
... Respondent
2. M/S.MODI RUBBER LTD.,
3. RECOVERY OFFICER,
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent :SRI.GEORGE VARGHESE (MANACHIRACKEL)
The Hon'ble MR. Justice V.GIRI
Dated :14/09/2007
O R D E R
V.GIRI,J.
-----------------------------------------
W.P.(C) NO.8464 of 2007
-----------------------------------------
Dated this the 14th day of September, 2007
JUDGMENT
The petitioners seem to be essentially aggrieved by Ext.P4
proclamation of sale issued by the Recovery Officer, the third
respondent herein. The petitioners have adequate remedies as against
Ext.P4 either before the Recovery Officer or by way of an appeal
before the Debt Recovery Tribunal. In my opinion, appropriate remedy
available to the petitioners is to move the appropriate authority under
the Recovery of Debts Due to Banks and Financial Institutions Act.
Without prejudice to the right of the petitioner to do so, the writ
petition is disposed of.
In the facts and circumstances of the case, further proceedings
pursuant to Ext.P4 shall be kept in abeyance for a period of one month
to enable the petitioner to approach the appropriate authority.
V.GIRI, JUDGE
css
/
: :
: :