Indian Bank vs Recovery Officer on 10 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36414 of 2008(I)



1. INDIAN BANK
                      ...  Petitioner

                        Vs

1. RECOVERY OFFICER, DRT, ERNAKULAM AND ORS
                       ...       Respondent

                For Petitioner  :SRI.S.EASWARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :10/12/2008

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                   W.P(C).No.36414 OF 2008
                   -------------------------------------------
            Dated this the 10th day of December, 2008


                               JUDGMENT

Having regard to the nature of the order being issued

hereunder, notice to the respondents dispensed with, preserving

their right to move for review of this judgment, if aggrieved.

Having heard learned counsel for the petitioner, I am

satisfied that the petitioner is entitled to challenge Ext.P5 before

the Debts Recovery Tribunal by an appeal to the Presiding

Officer under the RDB Act. Under such circumstances, it is

ordered that further action on the basis of Ext.P5 will stand

suspended for one month, to enable the petitioner to move the

Presiding Officer and seek necessary orders. It is clarified that

the Tribunal will decide the matter untrammelled by anything

stated in this judgment.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.