IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WA.No. 2355 of 2007 --------------------- AGAINST THE JUDGEMENTIN WPC.13831/2007 Dated 09/08/2007 .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. M.A. MUHAMMED, S/O. ABDUL REHIMAN, MADATHILAKATHOOR HOUSE, PURAYAR, DESOM P.O.,ALUVA. 2. PATHUMMA ABDUL REHIMAN, PALLIPARAMBIL, PARAPPURAM, PERUMBAVOOR, PERUMBAVOOR P.O. BY ADV. SRI.PRAVEEN K. JOY RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. UNION BANK OF INDIA, A NATIONALISED BANK, HAVING ITS BRANCH OFFICE AT PERUMBAVOOR, ERNAKULAM, REPRESENTED BY ITS BRANCH MANAGER. 2. THE CHIEF MANAGER & AUTHORISED OFFICER, UNION BANK OF INDIA, PERUMBAVOOR BRANCH-233/XIV, ALUVA-MUNNAR ROAD, PRUMBAVOOR-683 542. BY SC ADV. SRI. A.V. THOMAS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WRIT APPEAL No.2355 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2008. JUDGMENT H.L.DATTU, CJ, This appeal is directed against the order passed by the learned Single Judge in W.P.(C) No.13831 of 2007 dated 9.8.2007. 2. Learned counsel appearing for the respondent Bank would inform us that the Bank, for the present, is not proceeding with the notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act to recover the amount due from the appellants, and further submits that the Bank has initiated proceedings under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act. 3. In view of the statement made by the learned counsel for the respondent Bank, it may not be necessary to go into the correctness or otherwise of the order passed by the learned Single Judge. Accordingly, we dispose of the Writ Appeal. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb.