IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 21018 of 2011(B) --------------------------------------- PETITIONER(S): ----------------------- 1. D.RAGHAVAN, AGED 82, S/O. DANIEL, RESIDING AT PADMAVILASAM, HOUSE NO.303, POOVACHAL PANCHAYATH, KAKAMUGHAL, KATTAKKADA.P.O., THIRUVANANTHAPURAM. 2. N. RAJAMMA, AGED 65, W/O. D. RAGHAVAN, RESIDING AT PADMAVILASAM, HOUSE NO.303, POOVACHAL PANCHAYATH, KAKAMUGAL, KATTAKKADA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENT(S): ------------------------- 1. KOTAK MAHINDRA BANK LIMITED, 1ST FLOOR, TRUST PHARMA BUILDING, KAYATH LANE, JANATHA JUNCTION, PALARIVATTOM, COCHIN. REPRESENTED BY ITS AUTHORIZED OFFICER. 682 025. 2. GEETHA.G.NAIR, 'GOKULAM', KAKAMUGAL, KATTAKKADA, MYLOTTUMUZHI, THIRUVANANTHAPURAM – 695 572. 3. P.E. GOPINATHAN, 'GOKULAM', KAKAMUGAL, KATTAKKADA, MYLOTTUMUZHI, THIRUVANANTHAPURAM. 695 572. BY ADV. SRI.K.K.M.SHERIFF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.21018 OF 2011 ---------------------------------------------- Dated this the 2nd day of August, 2011 JUDGMENT When it was pointed out to the learned counsel for the petitioners that the questions raised by the petitioners in this writ petition are questions of fact, for resolving dispute in respect of which, petitioners have to approach the Debt Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, the learned counsel for the petitioners seeks permission to withdraw this writ petition without prejudice to the right of the petitioners to seek remedies before the Debt Recovery Tribunal under Section 17 of the Act. Permission is granted and the writ petition is dismissed as withdrawn with the above liberty. S. SIRI JAGAN, JUDGE acd