IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 RP.No. 1367 of 2008(R) ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32492/2008 Dated 05/11/2008 .................... REVIEW PETITIONER(S): PETITIONER ---------------------------------- N.P.THOMAS, S/O.N.T.PAUL, NADACKAL HOUSE, PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK KOTTAYAM. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE BANK OF TRAVANCORE, ETTUMANOOR BRANCH, KOTTAYAM DISTRICT REP. BY ITS CHIEF MANAGER AND AUTHORISED OFFICER. 2. UNION OF INDIA, REP. BY ITS SECRETARY MINISTRY OF FINANCE AND COMPANY AFFAIRS, DEPARTMENT OF ECONOMIC AFFAIRS, DEPARTMENT OF ECONOMIC AFFAIRS, NEW DELHI. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 SRI.K.S.DILEEP THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = R.P.No.1367 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2009. O R D E R Read the order dated 19-12-2008. Having regard to the amounts paid by now, the housing loan is satisfied. Other amounts have been credited towards other loans. Under such circumstances, I deem it appropriate to vacate the judgment issued in WP(C).32492/008 to enable the petitioner to work out his remedies before the Debts Recovery Tribunal in the pending securitisation application. The said judgment is accordingly vacated. It is clarified that the DRT will decide those proceedings untrammelled by anything stated in the judgment in WP(C).32492/2008 but taking note of the events subsequent to that judgment as regards payments are concerned. It is also directed that on the petitioner appearing, the bank will release the documents in connection RP1367/08 -: 2 :- with the housing loan. All contentions in the writ petition and in WP(C).36704/2008 are left open for consideration appropriately. The review petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/030109