IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WA.No. 2280 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.20921/2008 Dated 13/08/2009 .................... APPELLANT/PETITIONER: ------------------------------------- K.A. GEORGE, KANATTE HOUSE, KOLAYAD.P.O, KUTHUPARAMBA, PIN-670 650 KANNUR DISTRICT. BY ADV. SRI.G.MOHAN RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. CHIEF REGIONAL MANAGER, REGIONAL OFFICE, INDIAN OVERSEAS BANK, KOZHIKODE. 2. CHIEF MANAGER, REGIONAL OFFICE, INDIAN OVERSEAS BANK, KOZHIKODE. 3. INDIAN OVERSEAS BANK, TALAP, KANNUR-670 002. REP. BY ITS SENIOR MANAGER. 4. T. OOMMEN PANICKER, MANAGING PARTNER, TOPS MANOR, PANAVELI.P.O, KOTTARAKKARA-691 544. 5. AUTHORISED OFFICER, INDIAN OVERSEAS BANK, TALAP, KANNUR. R1 TO R3 & R5 BY ADV. SRI.P.B.SURESH KUMAR R4 BY ADV. SRI.P. PUSHPARAJAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2280 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of October, 2009 JUDGMENT Basheer, J. Appellant who is admittedly a guarantor in a loan transaction between respondent No.3 Bank and respondent No.4 - the principal debtor, filed the Writ Petition with the primary prayer that the Bank may be restrained from proceeding against his property for recovery of the debt before exhausting its remedies as against the properties mortgaged by the principal debtor. 2. The learned Single Judge, taking note of the subsequent development that the principal debtor had already approached the Debt Recovery Tribunal(DRT) and obtained an order of stay of coercive steps initiated by the Bank against his properties, held that it would be open to the appellant/petitioner as well to approach the DRT and seek appropriate remedies. 3. The said judgment is assailed in this appeal WA No.2280 of 2009 -:2:- contending, inter alia, that the learned Single Judge has totally over looked the sad plight of the appellant in as much as the attempt of the Bank is to proceed against his property, even without taking any coercive steps against the properties of the principal debtor. 4. It is submitted by the learned Standing Counsel for the Bank that, as of now, all proceedings have been stalled at the intervention of the DRT. As and when the interim order passed by the DRT is got vacated, it will be open to the Bank to proceed not only against the property of the principal debtor but against that of the appellant also. 5. However, in the peculiar facts and circumstances of the case we find considerable force in the contentions raised by the appellant since, admittedly, the principal debtor had mortgaged three or four items of properties as security while availing of the loan. However, we do not propose to make any further observation on this aspect, since, in our view, it will be always open to the appellant to approach the DRT and raise all his contentions. We do not find any reason why the contentions WA No.2280 of 2009 -:3:- raised by the appellant shall not be considered by the DRT appropriately and with due compassion. With these observations, the Writ Appeal is closed. The appellant may approach the DRT as expeditiously as possible and at any rate, within one month from today. Till such time, the Bank shall not proceed against the property of the appellant. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb