IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 23413 of 2005(K) -------------------------- PETITIONER: ----------------- M/S. GOOD HOME PVT. LTD., SILVER SAND ISLAND, VYTTILA, COCHIN-19, REP. BY ITS DIRECTOR, SRI.RAJU VARGHESE, BIPHA HOUSE, DEVALOKAM P.O., KOTTAYAM. BY ADVS. SRI.TOMY SEBASTIAN SRI.SUMESH G. RESPONDENTS: ------------------------ 1. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. (HUDCO), HUDCO BHAVAN, INDIAN HABITAT CENTRE, LODHI ROAD, NEW DELHI, REPRESENTED BY ITS REGIONAL MANAGER, K.S.H.B., COMMERCIAL CUM-RESIDENTIAL COMPLEX,PATTOM JUNCTION THIRUVANANTHAPURAM. 2. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, 8TH FLOOR,KSHB BUILDING, PANAMPILLY NAGAR, COCHIN-682 036. 3. M/S. AJITH ASSOCIATES PVT. LTD., VRINDAVAN, DOOR NO.1388, DIWAN'S ROAD, COCHIN-16. BY ADV. SRI.T.K.VENUGOPALAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 23413/2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : A TRUE COPY OF THE ORDER DT. 18.1.2002 IN O.A. NO. 42 OF 2001 ON THE FILES OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. EXHIBIT P2 : A TRUE COPY OF THE PETITION IN I.A. NO. 630 OF 2005 IN DRC NO. 785 IN O.A. NO. 42 OF 2001 OF THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM DT. 18.03.2005. EXHIBIT P3 : A TRUE COPY OF THE AFFIDAVIT DT. 18.3.2005 FILED IN SUPPORT OF EXT. P2 PETITION. EXHIBIT P4 : A TRUE COPY OF THE PROPERTY SCHEDULE FILED ALONG WITH EXT. P2 PETITION DT. 18.3.2005. EXHIBIT P5 : A TRUE COPY OF THE NOTICE DT. 27.6.2005 ISSUED BY THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, ERNAKULAM. EXHIBIT P6 : TRUE COPY OF THE OFFER LETTER SENT TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT DT. 5.4.2008. EXHIBIT P7 : TRUE COPY OF THE LETTER DATED 8.4.2008. EXHIBIT P8 : TRUE COPY OF THE LETTER DATED 5.6.2008. EXHIBIT P9 : TRUE COPY OF THE LETTER DATED 21.6.2008. /TRUE COPY/ P.A. TO JUDGE. vkm THOTTATHIL B. RADHAKRISHNAN, J. ----------------------------------------------------------------------------------- W.P.(C) NO.23413 OF 2005 & I.A. No.11305 of 2008 ----------------------------------------------------------------------------------- Dated this the 16th day of September, 2008 J U D G M E N T The petitioner in this writ petition is the guarantor for the facility availed by the third respondent from the first respondent. 2. After the admission of this writ petition on 9-8-2005 and without any interim orders being available in favour of the petitioner, M/s.Good Home Private Limited, joined the third respondent and two others and filed W.P.(C) No.5036/2008 in relation to the recovery proceedings before the DRT, which is also the subject matter of this writ petition. In W.P.(C) No.5036/2008 request was made for a direction to the creditor HUDCO to consider an offer of the petitioners therein for one time settlement and for an opportunity to exclude distress action by paying off. On 12-12-2008, an order was issued in that case directing the petitioners therein to remit W.P.(C) No.23413/2005 & I.A.No.11305/2008 - 2 - an amount of Rs.one crore in two instalments and to the respondents to consider the request for waiver of interest. Following that order, HUDCO rejected the offer of the debtors. I.A.No.6791 of 2008 was filed in that case seeking certain reliefs. In the counter affidavit to that interlocutory application, HUDCO stated that even applying the guidelines for settlement, the outstandings at that time would be Rs.9,11,25,999/-. It was noticed on 15th July 2008 that by that time the outstandings notified as per the notice of December 2002, which was Ext.P3 in W.P.(C) NO.5036/2008, would be nothing but apparently equivalent to the amount covered by the guidelines or might have been even lesser than that. The petitioners in that writ petition, that is the principal debtor, the guarantor etc. could not resolve the issue by any settlement between the parties and no ground was noticed to issue any direction to consider the case of the petitioners therein, for one time settlement or for any waiver of interest. Accordingly W.P.(C) No.5036/2008 was dismissed as per W.P.(C) No.23413/2005 & I.A.No.11305/2008 - 3 - judgment dated 15-7-2008, and also directing that the amount paid by the debtors following the interim orders would be given due credit to. 3. Now, i.e., after the disposal of W.P.(C) No.5036/2008, I.A.No.11305/2008 is filed in this case on 27-8-2008 seeking that there may be a direction to HUDCO to disclose the OTS amount. The materials produced in support of this interlocutory application are communications by the third respondent herein and certain other documents. The relief sought for is nothing but the duplication of the matter considered by this Court in W.P.(C) No.5036/2008. Having regard to finality of judgment in W.P.(C)No.5036/2008, no further relief can be granted in this writ petition or in I.A.No.11305/2008 filed by M/s.Good Home Private Limited, which was the fourth petitioner in W.P.(C) No.5036/2008. W.P.(C) No.23413/2005 & I.A.No.11305/2008 - 4 - For the foregoing reasons, W.P.(C) No.23413/2005 and I.A.No.11305/2008 are dismissed. Having regard to the peculiar facts and circumstances of the case and persuasive submissions of the learned counsel for the petitioner, notwithstanding the non-disclosure of relevant and crucial facts, there will be no order as to costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/17/9