IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 5476 of 2008(B) ------------------------- PETITIONER: ------------ S.ANIRUDHAN, S/O.SIDHARTHAN, SURYA, VITHINASSERY, NENMARA (NOW RESIDING AT SURYA) ANCHUMOORTHIMANGALAM P.O., VADAKKAMCHERRY, PALAKKAD - 678 682. BY ADV. SRI.A.N.RAJAN BABU SMT.K.SUNITHA VINOD SRI.P.GOPALAKRISHNAN (MVA) RESPONDENTS: ------------- 1. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL KERALA, 8TH FLOOR, KSHB BUILDING, PANAMPALLY NAGAR, ERNAKULAM. 2. THE CATHOLIC SYRIAN BANK, REPRESENTED BY ITS CHAIRMAN CATHOLIC SYRIAN BANK HEAD OFFICE, TRICHUR. 3. THE ASSISTANT GENERAL MANAGER, REGIONAL OFFICE, CATHOLIC SYRIAN BANK, KOZHIKODE. 4. MANAGER, CATHOLIC SYRIAN BANK, NENMARA BRANCH PALAKKAD. R2 TO R4 BY ADV.SRI B.S.KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 5476 of 2008-B ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 3rd day of March, 2008 J U D G M E N T When this matter came up for consideration on the previous occasion the bank had suggested through their learned counsel that there could be only an outright settlement of all the transactions in which the petitioner is involved, accordingly, the matter was adjourned. The learned counsel for the petitioner submits today that yet another transaction referred to by the bank is one involving different partners including the petitioner and the same is to be treated separately. 2. Having considered the merits of the case put forward in this writ petition, it has been noted that the allegation is that Ext.P1 proclamation for sale by the recovery officer of the Debts Recovery Tribunal cannot stand. The plea raised is that the petitioner cannot be compelled to settle both the transactions. I find no legal infirmity. Writ petition fails and the same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, Judge ms