IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 25712 of 2008(J) -------------------------- .................... PETITIONER: ------------ K.R.CHANDRAMOHAN S/O.RAMAN MENON,. AGED 52 YEARS NOW RESIDING AT FIRE FORCE STAFF QUARTERS CLUB ROAD, NEAR RAMA VARMA CLUB, ERNAKULAM. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ------------- 1. THE DEBT RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP) V FLOOR, KERALA STATE HOUSING BOARD BUILDING PANAMPILLY NAGAR, ERNAKULAM 682 036. 2. SRI., PRAMOD MURALI ADVOCATE COMMISSIONER (IN CMP NO.2426/2008 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA) 3. STATE BANK OF TRAVANCORE REPRESENTED BY ITS CHIEF MANAGER, KAYAMKULAM BRANCH, ALAPPUZHA DISTRICT. R3 BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25712 OF 2008 ------------------------------------------- Dated this the 28th day of August, 2008 JUDGMENT The petitioner had approached this Court and obtained judgment dated 7.3.2008 in W.P(C).7040/08. All that the petitioner herein and the first petitioner in that case requested this Court, at that point of time, was that they may be given the benefit of One Time Settlement Scheme. This Court noticed that the Bank had no such scheme and relegated the petitioners for consideration of a representation. No other issues were agitated before this Court in that case. 2. Now this writ petition is filed seeking directions to the creditor Bank and the Tribunal. 3. The third respondent states that there was yet another writ petition as W.P(C).22934/08, which was disposed of on 30.7.2008 and that after that judgment, the petitioners herein have, yesterday, even during the pendency of this writ petition, moved an application for extension of time to make deposits. The WPC.25712/08 Page numbers petitioner is also shown to have initiated proceedings before the Debts Recovery Tribunal under the SARFAESI Act. Forum shopping should end. One should not be permitted to merely hitch hike from courts to courts and tribunals to tribunals and wriggle out responsibilities under commercial transaction. The very object sought to be achieved by the SARFAESI Act will be defeated if such course is kept open. Having regard to the judgment in W.P(C).7040/08, the petitioner is disentitled from prosecuting the matter pending before the DRT and also from being granted any relief in this writ petition. This writ petition is accordingly dismissed. Though the case in hand calls for imposition of exemplary costs on the petitioner, I deter from doing so, having regard only to the fact that the petitioner is facing recovery proceedings. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.