IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34557 of 2009(L) -------------------------- PETITIONER(S): --------------- REJI ABRAHAM, PAZHAYATHURUTHEL HOUSE, ERAVINELLOOR.P.O, PUTHUPPALLY VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.K.M.VARGHESE RESPONDENT(S): --------------- 1. SYNDICATE BANK, THRISSUR BRANCH, THRISSUR, REPRESENTED BY CHIEF MANAGER. 2. THE ASSISTANT GENERAL MANAGER, SYNDICATE BANK, REGIONAL OFFICE, PIONEER TOWERS, COCHIN, ERNAKULAM. 3. THE DEPUTY GENERAL MANAGER, SYNDICATE BANK, ZONAL OFFICE, MARINE DRIVE, KOCHI. 4. DEBT RECOVERY TRIBUNAL, ERNAKULAM, REPRESENTED BY PRESIDING OFFICER. 5. MITTAL STEEL RE-ROLLING AND ALLIED INDUSTRIES LTD., VADAKKANCHERRY, TRICHUR. ADV.SRI.R.S.KALKURA, S.C., SYNDICATE BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.34557 OF 2009 ------------------------------ Dated this the 2nd day of December, 2009 J U D G M E N T ---------------------- 1. Limited prayer in this writ petition is for a direction to the 4th respondent to record settlement arrived between the petitioner and respondents 1 to 3 and to release the charge created on immovable properties mentioned in schedule C and D of T.A.No:1388/97 pending before the 4th respondent, and for a consequential direction to return the original title deeds. It is conceded by the petitioner and respondents 1 to 3 that the arrears in the bank loan account has already been settled and cleared payment by the petitioner. Pursuant to which Ext.P10 interim application was filed before the 4th respondent Tribunal as I.A.No:1412/08 in T.A.No:1388/97. But inspite of the fact that the above application was filed as early as in September 2008, the 4th respondent Tribunal has not so far disposed of the application and the title deeds of the petitioner has not been returned so far. Hence the writ petition is filed. 2. Having considered facts and circumstances, I am of the opinion that the writ petition can be disposed of on issuing necessary direction to the 4th respondent. Accordingly the 4th W.P.(C).34557/09-L 2 respondent Tribunal is directed to consider and pass orders on Ext.P10 (I.A.No:1412/08 in T.A.No:1388/97) on 9.12.2009, when it is stated to have been posted before the Tribunal, and if not possible, at the earliest thereafter, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. C.K.ABDUL REHIM, JUDGE. okb