High Court Kerala High Court

Sherly Evugin vs State Bank Of Travancore on 20 October, 2010

Kerala High Court
Sherly Evugin vs State Bank Of Travancore on 20 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32040 of 2010(D)


1. SHERLY EVUGIN, W/O. LATE JOSE EVUGIN,
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE,
                       ...       Respondent

2. RECOVERY OFFICER, DEBT RECOVERY

3. JOBIN JOYCE, S/O. JOYCE,

4. JERIN JOYCE, S/O. JOYCE,

                For Petitioner  :SRI.K.J.SAJI ISAAC

                For Respondent  :SRI.K.S.DILIP

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :20/10/2010

 O R D E R
                     C.K.ABDUL REHIM, J
                ---------------------------------------
                  W.P(C) No.32040 of 2010-D
                ----------------------------------------
          Dated this the 20th day of October, 2010.

                         J U D G M E N T

Petitioner is the fourth respondent (4th certificate

debtor) in DRC No.2798/SBT/KTM before the second

respondent, which is a proceedings initiated on the basis of

the Recovery Certificate issued in favour of the first

respondent by the DRT, in O.A.No.253 of 2004. According

to the petitioner, her husband who was looking after the

entire affairs connected with the loan transaction and the

proceedings before the Tribunal and before the second

respondent, died on 31.5.2010. It is submitted that it was

only after death of her husband the petitioner came to know

about the case. It is revealed that, against the recovery

certificate issued by the Tribunal an appeal was filed before

the Debt Recovery Appellate Tribunal, and a conditional

order was issued which the petitioner or her deceased

husband could not be complied with. It is further revealed

that the property having an extent of 72 Ares was sold by

W.P(C) No.32040 of 2010-D 2

the second respondent on 23.9.2010. Respondents No.3

and 4 are the successful bidders. According to the

petitioner the sale was conducted at a very low price and

there was material irregularity with respect to conduct of

sale. The petitioner is intending to approach the DRT

challenging the sale conducted on 23.9.2010. For the said

purpose the petitioner had already applied for certified copy

of the relevant records. Grievance of the petitioner is that

without providing a breathing time to approach the DRT,

the second respondent had proceeded with further steps for

confirmation and issuance of sale certificate. Hence in this

writ petition the petitioner is seeking relief to restrain

further actions of second respondent, in order to facilitate

her to approach the appellate authority.

2. Heard; standing counsel appearing for the first

respondent. It is submitted that the matter stands posted

before the second respondent on 26.10.2010 for effecting

confirmation of sale.

3. Under the above circumstances, I am of the

W.P(C) No.32040 of 2010-D 3

opinion that the writ petition can be disposed of directing

the second respondent to keep the matter pending for a

short period, in order to facilitate the petitioner to approach

the appellate authority.

4. In the result, the writ petition is disposed of

directing the second respondent to keep in abeyance all

further steps pursuant to the sale conducted on 23.9.2010,

in the DRC No.2798/SBT/KTM, for a period of one month in

order to facilitate the petitioner to approach the appellate

authority.

Sd/-

C.K.ABDUL REHIM
JUDGE

//True Copy//

P.A to Judge
ab

W.P(C) No.32040 of 2010-D 4