IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 11918 of 2009(H) -------------------------- PETITIONER(S): --------------- T.G.RADHAKRISHNAN, PROPRIETOR, M/S.AMMU'S PRE-PROCESSING CENTRE, CHEPPANAM, PANANGAD P.O., PIN.682 506. BY ADV. SRI.AYPE JOSEPH RESPONDENT(S): --------------- 1. UNION OF INDIA, REP.BY THE SECRETARY, DEPARTMENT OF FINANCIAL SERVICES, MUNISTRY OF FINANCE, NEW DELHI. 2. THE MANAGER, STATE BANK OF TRAVANCORE, VYTTILA BRANCH, ERNAKULAM, KOCHI-19. 3. THE GRIEVENCE REDRESSAL OFFICER, DY.GENERAL MANAGER, STATE BANK OF TRAVANCORE, ZONAL OFFICE, ERNAKULAM, KOCHI. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).11918/2009 -------------------- Dated this the 10th day of July, 2009 JUDGMENT Petitioner had availed three loans from the 2nd respondent, Bank, but had defaulted repayment of the same. One of the loans was to the tune of Rs.14 Lakhs for the establishment of the Unit for the processing of sea foods. On default of the repayment of the loan amount, Bank took steps under the SARFAESI Act. The issue is now pending before the Debts Recovery Tribunal, both by way of an application filed by the Bank for recovery of amounts due from the petitioner and by the petitioner challenging the action taken by the Bank. Learned counsel for the Bank submits that the contentions raised by the petitioner as regards his eligibility for a waiver of the loan under the Agricultural Debt Waiver and Debt Relief Scheme, 2008, has been taken up in the original application pending before the Tribunal. In these circumstances, it is appropriate that the parties agitate the said issue before the Debt Recovery Tribunal. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs