IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 OP (DRT).No. 241 of 2010(O) ---------------------------------------- OA.NO.140/2007 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER -------------------- 1. M/S.SHALIMAR RESTAURANT, 10/54 S.M.STREET, CALICUT, REPRESENTED BY ITS PARTNER SHRI.T.SURESHAN, S/O.KUNHIKANDAN, KANAKKOOTT HOUSE CHELVAOOR P.O., KOZHIKODE. 2. T.SURESHAN, S/O.KUNHIKANDAN, KARAKKOTT HOUSE, CHELVAOOR P.O., KOZHIKODE. BY SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE BY ADV. SRI.K.MOHANAKANNAN RESPONDENT(S): --------------------------- 1. M/S.FEDERAL BANK LTD., NADAKKAVU BRANCH, KOZHIKODE, REPRESENTED BY ITS SENIOR MANAGER.PIN-673 011 2. T.ASHOKAN, S/O.KUNHIKANDAN, VADAKOYIL HOUSE, CHELAVOOR P.O., KOZHIKODE.673 001 3. T.VIJAYAN, S/O.KUNHIKANDAN, VADAKOYIL HOUSE, CHELAVOOR P.O., KOZHIKODE.673 001 4. P.VIJAYAN, S/O.RARUKUTTY, PERUMPADAPPIL, MUKKAM P.O., KOZHIKODE.PIN-673 001 R1 BY ADV. SRI.N.P.SAMUEL SRI.P.V.CHANDRA MOHAN THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(DRT)NO.241/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT IN OS 189/1992 ON THE FILE OF THE SUB COURT, KOZHIKODE DATED 30/9/1995. P2 COPY OF THE DECREE IN OS 189/2002. P3 COPY OF THE JUDGMENT DATED 19/1/2001 IN A.S.NO.230 OF 1997. P4 COPY OF THE DECREE IN AS NO.230 OF 1997 P5 COPY OF THE O.A.140/2007. P6 COPY OF THE INTERIM ORDER DATED 25/10/2007 P7 COPY OF THE LETTER DATED 13/11/2007 P8 COPY OF THE CHEQUE DATED 13/11/2009 P9 COPY OF THE REPRESENTATION DATED 28/11/2007 P10 COPY OF THE CHEQUE DATED 20/11/2007 P11 COPY OF THE ORDER 30148/2007 DATED 7/4/2008. P12 COPY OF THE JUDGMENT IN WA 1132/2008 P13 COPY OF THE OBJECTIONS FILED BY THE 2ND PETITIONER IN OA 140/2007 P14 COPY OF THE ORDER DATED 10/8/2010 IN OA 140/2007. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE STATEMENT OF ACCOUNTS. /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. (DRT) No.241 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2011 J U D G M E N T The dispute in this writ petition is as to what is the amount due from the petitioners to the 1st respondent Bank as per Ext.P2 decree as modified by Ext.P4 decree passed by this Court. The petitioners have filed this writ petition taking the stand that the Debt Recovery Tribunal before whom the matter is pending does not have jurisdiction. The jurisdiction itself depends upon what is the amount due. Therefore, I put it to the parties as to whether they are willing to subject themselves to the jurisdiction of the Debt Recovery Tribunal for the purpose of calculating the amounts due as per the decrees. Both counsel for the petitioners and the counsel for the Bank agree for the same. Accordingly, this writ petition is disposed of with a direction to the Debt Recovery Tribunal, Ernakulam to compute the amounts due from the O.P. (DRT) No.241 of 2010 -2- petitioners to the 1st respondent Bank as per Exts.P2 & P4 decrees and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/