High Court Kerala High Court

Sunny John vs Debts Recovery Officer on 19 December, 2006

Kerala High Court
Sunny John vs Debts Recovery Officer on 19 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33789 of 2006(V)


1. SUNNY JOHN, RESIDING AT MALIYEKKAL HOUSE
                      ...  Petitioner

                        Vs



1. DEBTS RECOVERY OFFICER,
                       ...       Respondent

2. M/S.LORD KRISHNA BANK LTD.,

3. ST.MARY'S PROPERTIES,

4. JOHN VILANGADAN,

                For Petitioner  :SRI.G.SHRIKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN

 Dated :19/12/2006

 O R D E R
                                    P.R.RAMAN, J.

                             ```````````````````````````

                           W.P.(C) NO.33789 OF 2006

                             ```````````````````````````

               Dated this the 19th day of December, 2006


                                    J U D G M E N T

Petitioner is an auction purchaser, who pursuant to the bid has

deposited the bid amount. Exhibit P2 is an application filed by the

third party seeking to set aside the same. Petitioner has raised

various contentions including the non maintainability of Exhibit P2.

But, in the view I am taking, it is not necessary for this court to

entertain the contentions on the merit at this stage. Equally in the

view I am taking, it is not necessary to issue notice to the other side.

Since Exhibit P2 is an application preferred by the third party and is

pending consideration before the Debts Recovery Officer, necessarily

the same had to be disposed of expeditiously as the same has been

filed as early as on 14th February 2006.

2. In the above circumstances, there will be a direction to the

Debts Recovery Officer, the first respondent herein to consider and

dispose of Exhibit P2 in accordance with law after hearing the

petitioner as well as other interested parties, as expeditiously as

possible, at any rate within a period of one month from the date of the

petitioner producing a copy of this judgment.

Writ petition is disposed of as above.

P.R.RAMAN, JUDGE

Rp