IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 14125 of 2010(M) -------------------------- SA.137/2009 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONERS: --------------- 1. DR.K.S.SUBHASH,AGED 52,S/O.LATE C.V.SUSEELAN,PARTNER,M/S.THE KONCHERRY COIR FACTORIES & ITS SISTER CONERNS,MAYITHARA MARKET POST,PIN-688539,CHERTHALA,ALLEPPEY DISTRICT, R/AT.SREVALSOM,KANJIKUZHI,MAYITHARA MARKET P.O., CHERTHALA,CHERTHALA TALUK,ALLEPPEY DISTRICT. 2. K.S.SHEELA,W/O.C.SACHIDANANDAN,AGED 53, PARTNER,M/S.THE KONCHERRY COIR FACTORIES, MAYITHARA MARKET POST,PIN-688539,CHERTHALA,ALLEPPEY DISTRICT,R/AT.CHARANGATTU BUNGALOW,CHERTHALA SOUTH P.O.,PIN-688552,CHERTHALA SOUTH VILLAGE,CHERTHALA TALUK,ALLEPPEY DISTRICT. 3. K.S.SUSHAMMA DEVI, W/O.DR.MOHAN N., AGED 57,PARTNER,M/S.THE KONCHERRY COIR FACTORIES, MAYITHARA MARKET POST,PIN-688 539,CHERTHALA, ALLEPPEY DISTRICT,R/AT.MULAMOOTTIL HOUSE, KANJIKUZHI,S.N.PURAM P.O.,PIN-688 582,CHERTHALA, KANJIKUZHI VILLAGE,CHERTHALA TALUK,ALLEPPEY DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENTS --------------- 1. STATE BANK OF TRAVANCORE, REP. BY ITS CHIEF MANAGER, S.M.E.BRANCH, VAZHICHERRY, ALAPPUZHA. 2. THE AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, S.M.E.BRANCH, VAZHICHERRY, ALAPPUZHA. ADV. SRI.SATHISH NINAN , SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 14125 OF 2010 ......................................................................... Dated this the 18th May , 2010 J U D G M E N T The petitioners have approached this Court with the following prayers: “a. To call for the records leading to Exhibit P4 and quash the same by issuing a Writ of certiorari or any other appropriate writ, order or direction b) to direct the Debt Recovery Tribunal, Ernakulam to issue the certified copy of the order in Exhibit P3 petition, on the basis of Exhibit P7 application for certified copy and Exhibit P8 postal order for the same, within a time limit stipulated by this Hon'ble Court. c) to pass such other reliefs as this Hon'ble Court deems fit, considering the peculiar circumstances of the case. 2. Obviously, the direction sought for is to enable the petitioners to have a certified copy of the order stated as passed W.P.(C) No. 14125 OF 2010 2 by the Debt Recovery Tribunal, Ernakulam in the concerned proceedings against them with regard to realisation of amount stated as due from the petitioners. 3. During the course of hearing it was pointed out that the petitioners have already obtained a certified copy of the relevant order and the petitioners have approached the statutory appellate authority by filing S.A. 464 of 2010, which is pending consideration before the DRAT, Chennai. This being the position, the learned Counsel for the petitioners submits that the Writ Petition is not intended to be pressed any further and that the same may be closed, without prejudice to the right of the petitioners to pursue the statutory remedy , which has already been sought for and being pursued. It is also submitted by the learned Counsel for the petitioners as well as the Bank that the sale which was originally notified, pursuant to Ext. P4 notice did not take place. 4. At present there is no threat of any further coercive steps. The petitioners are at liberty to move the DRAT for appropriate interim reliefs, as and when necessitated. W.P.(C) No. 14125 OF 2010 3 In the above circumstance, the Writ Petition is closed, as no further orders are necessary. . P.R. RAMACHANDRA MENON, JUDGE. lk