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2026 Supreme(Online)(Ker) 14559

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
NIZAR K.K – Appellant
Versus
RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL-II, KERALA STATE HOUSING BOARD OFFICE COMPLEX – Respondent
OP (DRT) NO. 248 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.V.K.PEERMOHAMED KHAN, SHRI.GIRISH KUMAR V.C
For the Respondents: SHRI.MOHAN JACOB GEORGE, SMT.P.V.PARVATHY, SMT.REENA THOMAS, SMT.NIGI GEORGE, SHRI.ANANTHU V.LAL, SMT.SHERIN VARGHESE, SHRI.ANTONY THOMAS MOHAN

Court allows consideration of delayed payments under exceptional circumstances.

Headnote:The High Court of Kerala analyzed the petitioner’s tender participation in an auction overseen by the Recovery Officer of DRT-II, emphasizing adherence to the payment timeline as per auction rules. The petitioner faced adverse weather and technical issues that delayed payment submission on the due date. The court found that the Recovery Officer should accept the late payment under the exceptional circumstances and directed further action within two weeks. The petitioner’s request for consideration of late payment was ultimately granted, highlighting the importance of leniency in administrative procedures during unforeseen events.

Result: The Recovery Officer shall take a decision and inform the outcome to this Court within two weeks from the date of receipt of a copy of this judgment.

Table of Content
1. successful auction participation details and payment delays. (Para 1 , 2)
2. court's directive on accepting late payment. (Para 3)

JUDGMENT

(Dated this the 20th day of February, 2026)

The petitioner is a successful bidder in the auction conducted by the Recovery Officer attached to DRT-II, Ernakulam. The petitioner submitted the tender by remitting 10% of the earnest money. As per the sale confirmation e-mail, the petitioner remitted ₹4,06,090/- towards the balance of 25%

of the auction amount along with other charges.

2. The Recovery Officer directed to make payment of the balance 75% within fifteen days, on or before 16/08/2025. On 15/08/2025 and on 16/08/2025, there was heavy rain and the authorities concerned have declared red alert in Thrissur district. Hence, the petitioner could not come directly to the DRT and remit the amount. Therefore, he attempted to transfer the balance amount from his relative's account, which has failed due to a technical issue, as evident from Ext.P5. On the very next working day, that is on 18/08/2025, the petitioner transferred the balance amount of ₹17,34,750/-, being 75% of the auctioned amount, as evidenced by Ext.P6. The petitioner filed Ext.P7 affidavit on 20/08/2025 before the Recovery Officer, DRT-II, Ernakulam, explaining the circumstances under which the amount could not be remitted on 16/08/2025.

3. It is seen that the Recovery Officer has not acted on Ext.P7 and not forfeited the amount. In such circumstances, I direct the first respondent to take up Ext.P7 affidavit filed by the petitioner and accept the payment made on 18/08/2025. It is submitted that the payment was made before the Recovery Officer attached to DRT-I, Ernakulam, though it ought to have been made before the Recovery Officer attached to DRT-II. The Recovery Officer shall take a decision and inform the outcome to this Court within two weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

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