IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH JULY 2007 / 2ND SRAVANA 1929 WP(C).No. 8144 of 2007(T) ------------------------------------ PETITIONER: ------------------ VENKIT SUBRAMANIAN MOHAN, PROP.M/S.GURUVAYOOR RESORTS, BEHIND PARTHASARATHY TEMPLE, RAILWAY STATION ROAD, GURUVAYOOR-680 101. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: ---------------------- 1. M/S.CANARA BANK, GURUVAYOOR BRANCH, GURUVAYOOR, THRISSUR REPRESENTED BY ITS MANAGER. 2. BANKING OMBUDSMAN, TRIVANDRUM. 3. THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS CHIEF MANAGER, BRANCH OFFICE, K.M.M.COMPLEX, KOKKALAI, THRISSUR. BY ADV. SRI.R.S.KALKURA SRI.P.JACOB VARGHESE, SC, RBI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.8144/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF BROCHURE OF GURUVAYOOR RESORT. EXT.P2: TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 21.3.2006. EXT.P3: TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 22.3.2006. EXT.P4: TRUE COPY OF THE DRAFT DRAWN IN FAVOUR OF THE ACCOUNT OF GURUVAYOOR RESORT FOR RS.50 LAKHS DATED 22.3.06. EXT.P5: TRUE COPY OF THE LAWYER NOTICE ISSUED. EXT.P6: TRUE COPY OF THE REPLY NOTICE DATED 20.04.06. EXT.P7: TRUE COPY OF THE PETITION DATED 12.6.2006 FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER WHICH IS NOW NUMBERED AS O.P. 5389/2006. EXT.P8: A COPY OF THE NOTICE DATED 26.2.2007 ISSUED TO THE PETITIONER U/S. 13(2) OF THE SECURITISATION & RECONSTRUCTION OF FINANCIAL ASSETS & ENFORCEMENT OF SECURITY INTEREST ACT 2002. /TRUE COPY/ PA TO JUDGE. S. SIRI JAGAN, J. ----------------------------------- W.P.(C)NO. 8144 OF 2007 ------------------------------------ DATED THIS THE 24th DAY OF JULY, 2007 JUDGMENT The petitioner filed this writ petition seeking a direction to the Banking Ombudsman to take up the complaint filed by the petitioner and to dispose of the same. Now the learned counsel for the petitioner submits that subsequent to the filing of the writ petition, the Ombudsman has passed the order against which the petitioner has already filed appeal before the Appellate Authority. However, the petitioner now seeks a direction to the Bank to permit the petitioner to pay the amounts in instalments without prejudice to the contentions of the petitioner before the Appellate Authority. I think that, that is a matter which the petitioner has to take up with the Appellate Authority while seeking interim orders. In the above circumstances, without prejudice to the contention of the petitioner before the Appellate Authority, this writ petition is closed. S. SIRI JAGAN, JUDGE Acd