IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 36704 of 2008(T) -------------------------- PETITIONER(S): --------------- N.P.THOMAS, S/O. N.T.PAUL, MADACKAL HOUSE, PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA VILLAGE KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE ETUMANOOR BRANCH, KOTTAYAM DISTRICT REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER. 2. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF FINANCE AND COMPANY AFFAIRS DEPARTMENT OF ECONOMIC AFFAIRS, NEW DELHI. R1 BY SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE R2 BY SRI.P.PARAMESWARAN NAIR,ASG. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.36704/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE LETTER DATED 19.11.2008 ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, ETTUMANOOR STATING THAT THE PETITIONER'S PROPERTY IS THE AGRICULTURAL LAND. EXT.P2: TRUE COPIES OF THE ACCOUNT STATEMETNS OF THE PETITIONER WITH THE RESPONDENT BANK. EXT.P3: TRUE COPY OF THE APPLICATION FOR THE REIMBYRSEMENT OF THE PENAL INTEREST DATED 29.6.2007. EXT.P4: TRUE COPY OF THE NOTICE DATED 31.7.2008 UNDER SECTION 13 (2) OF THESARFAESI ACT. EXT.P5:TRUE COPY OF THE INTIMATION ISSUED BY THE PETITIONER DATED 18.8.2008 POINTING OUT THE VARIOUS DISCREPANCIES IN THE VARIATION OF INTEREST RATES AS WELL AS VRIATION IN THE CREDITING OF VARIOUS AMOUNTS IN THE ACCOUNT. EXT.P6: A TRUE COPY OF THE LETTER DATED 24.9.2008 PRAYING FOR TIME TO REGULARISE THE ACCOUNT. EXT.P7: TRUE COPY OF THE ORDERDATED 23.10.08, APPOINTING AN ADVOCATE COMMISSIONER TO TAKE POSSESSION OF THE PROPERTY OF THE PETITIONER AND TO DELIVER THE SAME TO THEBANK. EXT.P8: A TRUE COPY OF THE NOTICE DATED 1.11.2008 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER. EXT.P9: TRUE COPY OF THE JUDGMENT IN W.P(C).32492/08 EXT.P10: A TRUE COPY OF THE SECURITISATION APPLICATIO PREFERRED BY THE PETITIONER NUMBERED AS S.A.NO.247/08. EXT.P11: A TRUE COPY OF THE NOTICE DATED 25.11.2008 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36704 OF 2008 ------------------------------------------- Dated this the 24th day of February, 2009 JUDGMENT On 4.2.2009, a common order was issued in this writ petition and in W.P(C).3205/09 as these writ petitions are by the same petitioner. They relate to different transactions in two different branches of the State Bank of Travancore. In so far as the said interim order relating to W.P(C).3205/09 is concerned, the parties were before the Division Bench in W.A.No.324/09 and the Bench had vacated that interim order and relegated the parties to the Debts Recovery Tribunal by order dated 11.2.2009. Continued sustenance of the aforesaid interim order in so far as it relates to this writ petition and any adjudication by this Court touching the question of attachment would only be duplication of proceedings and may even result in conflict of decision. I do not, therefore, deem it appropriate to proceed with any further adjudication of the writ petition in hand more particularly because the petitioner has a securitisation application as S.A.247/08 pending before the DRT emanating WPC.36704/08 Page numbers from the proceedings which is subject matter of this writ petition. Hence, this writ petition is dismissed without prejudice to the right of the petitioner to prosecute S.A.No.247/08. All contentions are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/2.