IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WA.No. 2047 of 2010() --------------------- (AGAINST THE ORDER DATED 01/12/2010 IN I.A.NO.16592/2010 IN WPC NO.24375/2010) APPELLANT(S): PETITIONERS ------------------------- 1. S.PEETHAMBARAN, AGED 60 YEARS, S/O.SREEDHARAN, VATHIKKATTU HOUSE, AVALOOKUNNU P.O., ALAPPUZHA. 2. KAVITHAMOL, AGED 40 YEARS, W/O.PEETHAMBARAN, VATHIKKATTU HOUSE, AVALOOKUNNU P.O., ALAPPUZHA. BY ADV. SRI.K.C.SUDHEER RESPONDENT(S): RESPONDENTS -------------------------- 1. SOUTH INDIAN BANK, ALAPPUZHA BRANCH, S.D.PHARMACY BUILDINGS, REPRESENTED BY ITS BRANCH MANAGER. 2. REGIONAL OFFICE, SOUTH INDIAN BANK LTD., HAFSAL SAFA INTERNATIONAL BUILDING, THIRUVANANTHAPURAM-14 REPRESENTED BY ITS CHIEF MANAGER. 3. AUTHORISED OFFICER, SOUTH INDIAN BANK REGIONAL OFFICE, SOUTH INDIAN BANK LTD., HAFSAL SAFA INTERNATIONAL BUILDING, THIRUVANANTHAPURAM-14. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. UNION OF INDIA, REPRESENTED BY FINANCE SECRETARY, DEPARTMENT OF FINANCE, UNION SECRETARIAT, NEW DELHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R5 MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER MR.GEORGE VARGHESE, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A. No.2047 of 2010 --------------------------------- Dated, this the 22nd day of December, 2010 J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the interim order passed in an I.A. in a disposed of case by the learned Single Judge. 2. Writ Petition was originally disposed of granting time to the appellants to pay the balance amount. The I.A. was filed for extension of time. Even though the I.A. was not allowed, as the amount was already paid, appellants' case is that there is still demand from the Bank, which is not payable. Learned Standing Counsel submitted that account can be verified and appellants can be given statement of balance liability, if any. We feel, the matter can be settled by the Manager himself by verifying the accounts in the presence of appellants, who will furnish details of payments and other materials available with them for the Bank to verify and give WA No.2047/2010 -2- detailed statement of liability showing amounts debited under various heads, payments credited and balance, if any, outstanding in the account. If the appellants have any surviving grievance, they can approach the DRT in an appeal to be filed against the securitisation proceedings. In view of the above, this Writ Appeal is closed. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg