IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WA.No. 233 of 2009 --------------------------- AGAINST THE JUDGEMENT IN WPC.32732/2008 Dated 02/01/2009 .................... APPELLANT/PETITIONER: ------------------------------------- G.SUKUMARAN, AGED 74 YEARS, S/O.GOVINDAN, SRIVILAS BUILDING, RAJAKKAD PO., IDUKKI. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE UNION BANK OF INDIA, RAJAKKAD BRANCH, IDUKKI DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, C.VISWANATHAN. 2. MR.THOMAS JOSEPH, S/O.JOSEPH, MULLAMKUZHIYIL HOUSE UDAYAGIRI KARA, PRAKASH PO. THANKAMANI VILLAGE, EDUMBANCHOLA TALUK, IDUKKI DISTRICT. 3.ABRAHAM JOSEPH, S/O.JOSEPH, MULLAMKUZHIYIL HOUSE UDAYAGIRI KARA, PRAKASH PO. THANKAMANI VILLAGE, EDUMBANCHOLA TALUK, IDUKKI DISTRICT. R1 BY STANDING COUNSEL SRI.A.S.P.KURUP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 233 of 2009 ------------------------------------------ Dated, this the 26th day of March, 2009 JUDGMENT Kurian Joseph, J. Petitioner in the writ petition is the appellant. Petitioner approached this Court when recovery proceedings were initiated by the first respondent Bank. After obtaining an interim order from a learned Single Judge of this Court, the writ petitioner moved the Debts Recovery Tribunal for interim orders in respect of the same subject matter and after obtaining interim order from the Debts Recovery Tribunal which is more favourable in terms of the amount, the writ petitioner sought to withdraw the writ petition before this Court. The learned Single Judge though permitted withdrawal of the writ petition took a lenient view and directed the petitioner to deposit rupees six lakhs as the first instalment instead of 10% of Rs.27,96,966/- as ordered by the Debts Recovery Tribunal to be payable on or before 12.1.2009 and also to deposit W.A. No.233 of 2009 - 2 - the second instalment as due in terms of the order of the Debts Recovery Tribunal. We do not think that we should interfere with the discretion already exercised by the learned Single Judge. However, taking note of the persuasive submission made by the learned counsel for the appellant that some time may be granted for the appellant to deposit the amount, we make it clear that it will be open to the appellant to make up the deficit of the amount directed to be deposited by the learned Single Judge within three months from today. We also make it clear that if the deposit as directed above is not made within the time granted, it will be open to the Bank to proceed with the recovery proceedings. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns