IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 11629 of 2009(W) -------------------------- (OA.1531/1998 of DEBT RECOVERY TRIBUNAL, ERNAKULAM) PETITIONERS: ------------------- 1. M/S. GANESH STORES, REPRESENTED BY ITS PARTNER, SRI. S.HARI MURALI, THYCAUD, TRIVANDRUM. 2. S.HARI MURALI, S/O. S.SREEDHARA PANICKER, HINDU, AGED 51, RESIDING AT BRINDAVAN, THYCAUD, TRIVANDRUM. 3. SMT. A.K.SANGEETHA, W/O. S.HARI MURALI, AGED 45, RESIDING AT BRINDAVAN, THYCAUD, TRIVANDRUM. BY ADV. SRI.M.RAMASWAMY PILLAI RESPONDENTS: --------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS FINANCE SECRETARY, NEW DELHI. 2. DEBT RECOVERY APPELLATE TRIBUNAL, REPRESENTED BY ITS REGISTRAR,INDIAN BANK BUILDING, ETHIREY COLLEGE ROAD, CHENNAI, REPRESENTED BY ITS REGIONAL MANAGER. 3. DEBT RECOVERY TRIBUNAL, REPRESENTED BY ITS REGISTRAR, PANAMPALLY NAGAR, ERNAKULAM. 4. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, PANAMPALLY NAGAR, ERNAKULAM. 5. THE REGIONAL MANAGER, KARNATAKA BANK LTD., CHENNAI. 6. THE KARNATAKA BANK LTD., REPRESENTED BY ITS SENIOR MANAGER, MUKU PAPPA BUILDING, THAHARA PARAMBU ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM. BY ADV. MR. P. PARAMESWARAN NAIR, ASSISTANT SOLICITOR GENERAL. R6 BY ADV. MR. P. SRIHARI , SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 11629 OF 2009 ......................................................................... Dated this the 26th May, 2009 J U D G M E N T The learned counsel for the petitioners submits that a series of negotiations are being made between the petitioners and the Bnak (5th and 6th respondents) for settling the matter once and for all and that the Bank was showing very positive gestures to enable the petitioners to clear the liability. In the said circumstances, the learned counsel for the petitioners submits that all the other reliefs prayed for in the Writ Petition are sought to be withdrawn, but for seeking to direct the 4th respondent to pursue the matter, only if and when intimated from the part of the Bank. 2. The learned counsel appearing for the Bank submits that the petitioners were given time to clear the liability as per Ext.P10 and it was after considering the request of the petitioners, that the time was extended till 10.06.2009. It is also W.P.(C) No. 11629 OF 2009 2 stated that the matter now stands posted to 01.07.2009 before the DRT for settling the proclamation. 3. Considering the earnest efforts being pursued from both the sides to have the matter settled, this Court finds it fit and proper to give the limited relief, as now prayed for by the petitioners. In the said circumstances, there will be a direction to the 4th respondent to proceed with the matter only on getting further instructions from the Bank. This will be subject to the further orders to be passed by the DRT in the matter. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk