IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 9619 of 2006(T) --------------------------------------- PETITIONER(S): ------------------------- PAUL VAREED CHERUVATHUR `GREESHMAM' MENACHERY HOUSE, MANNUTHY P.O., THRISSUR. BY ADV. SRI.C.K.KARUNAKARAN SRI.C.E.UNNIKRISHNAN RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REP. BY SECRETARY, DEPARTMENT OF BANKING, MINISTRY OF FINANCE NEW DELHI. 2. SOUTH INDIAN BANK LTD., HEAD OFFICE, THRISSUR. 3. DEPUTY GENERAL MANAGER, SOUTH INDIA BANK, REGIONAL OFFICE NO.1, STERLING ROAD, NUNGAMBAKKAM, CHENNAI-600 034. R1 BY ADV.SRI.P.PARAMESWARAN,ASG R2 BY ADV. SRI.K.K.JOHN R2 & R3 BY ADV.SRI.K.PRABHAKARAN,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.9619/2006 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE NO.CH-REG/L/SAR/30/2005-06 DATED 6/12/2006 ISSUED BY THE 3RD RESPONDENT. P2 COPY OF THE PETITIONER'S COMMUNICATION NO.05106/66/VIII DATED 11/2/2006. P3 COPY OF THE REPLY UNDER NO.CH-REG/G/365/05-06 DATED 17/2/06 ISSUED BY THE 3RD RESPONDENT. P4 COPY OF THE STATEMENT OF ACCOUNTS RELATING TO THE LOAN ACCOUNTS OF THE PETITIONER ISSUED BY THE 3RD RESPONDENT. P5 COPY OF THE STATEMENT OF ACCOUNTS RELATING TO THE LOAN ACCOUNTS OF THE PETITIONER ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE TRANSFER ORDER NO.PER:D:TR:O:191:2004-2005 DATED 01/04/2004. R2(B) COPY OF THE LETTER DATED 09/07/2005 ISSUED TO THE PETITIONER TO RECEIVE THE TERMINAL BENEFITS AND TO CLOSE THE LIABILITIES. R2(C) COPY OF THE LETTER DATED 05/10/2005 ISSUED TO THE PETITIONER REGARDING SETTLEMENT OF ACCOUNT. R2(D) COPY OF THE STATEMENT OF HOUSING LOAN ACCOUNT. R2(E) COPY OF THE RESOLUTION DATED 14/11/2002. R2(F) COPY OF THE COMPLAINT DATED 06/08/2004. R2(G) COPY OF THE COMPLAINT DATED 18/05/2004. R2(H) COPY OF THE COMPLAINT DATED 11/11/2004. R2(I) COPY OF THE LETTER DATED 25/04/2005. R2(J) COPY OF THE LETTER DATED NIL. /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 9619 of 2006 ================== Dated this the 21st day of November, 2011 J U D G M E N T The learned counsel for the petitioner submits that this writ petition filed challenging a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, need not be considered on merits, since subsequently, against proceedings pursuant to Section 13(4), an application under Section 17 has been filed, which is pending before the Debts Recovery Tribunal. In the above circumstances, without prejudice to the right of the petitioner to prosecute the matter before the Debts Recovery Tribunal, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge