IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 21698 of 2010(U) -------------------------- PETITIONER(S): --------------- TREESAMMA RAJU, AGED 45, W/O.VARGHESE RAJU, ARATHI VILLA, KANJIRAKODE, KUNDARA P.O., KOLLAM - DISTRICT. BY ADV. SRI.E.S.ASHRAF RESPONDENT(S): --------------- 1. THE KERALA STATE DEBT RELIEF COMMISSION, AGRICULTURAL URBAN MARKET, VENPALAVATTOM, ANAYARA P.O., THIRUVANANTHAPURAM. 2. THE KERALA STATE CO-OPERATIVE BANK LTD, KOLLAM BRANCH, KERALA WATER AUTHORITY BUILDINGS, ANANDAVALLEESWARAM, KOLLAM - 691 013, REPRESENTED BY ITS MANAGER. 3. THE DIRECTOR OF DAIRY DEVELOPMENT, DIORECTORATE OF DAIRY DEVELOPMENT THIRUVANANTHAPURAM. ADV. SRI.NAGARAJ NARAYANAN FOR R2 GP MR.BIJOY CHANDRAN SC MR.NAGARAJ NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb P.R.RAMACHANDRA MENON, J. ---------------------- W.P.(C) No.21698 OF 2010 --------------------------- Dated this the 16th day of August, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner is challenging the steps taken by the respondent bank under the SARFAESI Act for realisation of the amount stated as due under a loan transaction. The petitioner has got a case that the mater has already been taken up before the 1st respondent/Debt Relief Commission and that the bank is not justified in proceeding with further coercive steps. 2. The learned Government Pleader appearing for the 1st respondent submits that final order has already been passed by the 1st respondent on 5.4.2010; whereby 1/3rd of the interest now accrued shall stand waived by the bank and that the balance amount shall be repaid by the applicant within two years. A copy of the said order is also placed for consideration of this Court. 3. The learned standing counsel appearing for the respondent bank submits that, in view of the order passed by the Debt Relief Commission, further proceedings will be W.P.(C) No.21698/2010 2 pursued only in conformity with the said order; simultaneously, adding that the 1st respondent Commission was not right in waiving 1/3rd of the interest, more so, in view of the law declared by this Court in Kerala State Co-operative Bank Ltd. vs. Kerala State Farmers Debt Relief Commission [2009(4)KLT 917]. The learned counsel for the petitioner submits that the petitioner is also aggrieved by the said order and that appropriate steps are intended to be pursued further. 4. In the above facts and circumstances, this Court does not propose to express anything with regard to the merits of the case; particularly as to the correctness or sustainability of the order stated as passed by the 1st respondent and the Writ Petition is disposed of recording the submission made by the learned counsel for the respondent bank that further proceedings will be pursued only subject to the order dated 5.4.2010 passed by the 1st respondent as aforesaid or subject to further orders to be obtained on challenging the same. (P.R.RAMACHANDRA MENON, JUDGE) ps/18/8