IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 26416 of 2006(T) -------------------------- PETITIONER(S): --------------- R. KRISHNAKUMAR, AGED 28 YEARS, S/O.K. RAMACHANRAN, LAKSHMI NIVAS, 8/1695, MULLAKAL TEMPLE LANE, COCHIN-2. BY ADV. SRI.B.RAMACHANDRAN SMT.P.N.INDU RESPONDENT(S): --------------- 1. UNION BANK OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF LAW AND COMPANY AFFAIRS, NEW DELHI. 2. DHANALAKSHMI BANK LTD., VADAKKENCHERY BRANCH, THRISSUR-680 002, REPRESENTED BY ITS BRANCH MANAGER. 3. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM BENCH REPRESENTED BY ITS REGISTRAR. R3 BY ADV. SRI.JOHN VARGHESE, ASG ADV. SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE JUDGMENT DT.30.5.03 IN O.S. NO.242/1998. P2: TRUE COPY OF E.P. 202/03 DT.21.1.03. P3: TRUE COPY OF JUDGMENT DT.19.10.2005 IN O.S. NO.232/98. P4: TRUE COPY OF NOTICE DT.22.2.2006. P5: TRUE COPY OF NOTICE DT.6.9.2006. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.26416 of 2006 .................................................................... Dated this the 27th day of May, 2009. JUDGMENT The W.P. is filed challenging securitisation proceedings initiated in 2006. The position is now settled against the petitioner by Division Bench decision of this court holding that securitisation is permissible even after receipt of decree from civil court. There was no interim order in favour of the petitioner and probably the W.P. itself has become infructuous. The W.P. is accordingly closed leaving freedom to the second respondent to proceed in the matter, if recovery is not made. C.N.RAMACHANDRAN NAIR Judge pms