IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 19931 of 2010(N) -------------------------- PETITIONER: --------------- JOSEPH THOMAS,S/O.THOMAS,AGED 50 YEARS, PENNAPARAMBIL HOUSE, KULIRMUTTY PO, KOODARANHI VIA,KOZHIKODE DISTRICT PIN 673 602. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: --------------- 1. THE AUTHORIZED OFFICER, FEDERAL BANK LTD., REGIIONAL OFFICE, FEDERAL TOWERS, MAVOOR ROAD, KOZHIKODE 673 016. 2. THE FEDERAL BANK LTD., MUKKAM BRANCH, REP. BY ITS MANAGER, MUKKAM, KOZHIKODE, PIN 673605 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) 19931 OF 2010 ......................................................................... Dated this the 25th June, 2010 J U D G M E N T The learned Counsel for the petitioner submits that the petitioner is constrained to approach this Court by filing this Writ Petition because of the coercive steps being taken by the respondent Bank for realisation of the amount stated as due from the petitioner inspite of the challenge raised against the proceedings by filing S.A.No.382 of 2010 and the interim stay granted by the Tribunal as borne by Ext.P8. 2. The learned Counsel for the petitioner submits that, as per Ext. P8 order, the Tribunal granted interim stay on condition that the petitioner deposited a sum of Rs. One lakh on or before 14.06.2010 and another Rs. One lakh on or before 24.06.2010. It is stated that the petitioner has satisfied a sum of Rs. One lakh on 14.06.2010 as borne by Ext. P9 receipt. The learned Counsel further submits that the only relief now pressed for, is to give some breathing time to move the Tribunal to vary the above order or to get further extension of time, referring to the adverse circumstances including the treatment being W.P.(C) 19931 OF 2010 2 undergone by the petitioner, as revealed from Ext. P10 medical certificate. 3. Considering the fact that the petitioner has already availed the statutory remedy, no interference is warranted in this Writ Petition as a parallel measure. However, taking note of the persuasive submission made by the learned Counsel for the petitioner as to the plight of the petitioner, who is stated as undergoing treatment incurring huge expenses, the petitioner is permitted to pursue the matter by filing appropriate proceedings before the DRT for redressal of his grievances with notice to the other side. So as to enable the petitioner to pursue such exercise, the petitioner is granted a further period of two weeks either to satisfy the condition imposed by the Tribunal or to file such other appropriate proceedings calling for further interference of the Tribunal. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk