IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WA.No. 673 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.14854/2008 Dated 29/01/2009 .................... APPELLANT/PETITIONER: ------------------------------------- ABDU RAHIMAN, S/O.LATE MOHAMMED KUTTY, KADEEJA MANZIL, CHALIYAM POST, KOZHIKODE DISTRICT, KERALA STATE-673 301. BY ADV. SRI.SAJI MATHEW RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. CENUTRY TEXTILES, MAIN ROAD, KONDOTTY, KOZHIKODE DIST, REP.BY ITS MANAGING PARTNER, M.S.SHAMSUDEEN @ MELEVEETTIL SHAMSUDEEN, S/O.M.S.MOHAMMED KOYA, KADAKKATHODI HOUSE, CHALIYAM PO, MALAPPURAM DIST. 2. M.S.SHAMSUDEEN @ MELEVEETTIL SHAMSUDEEN, S/O.M.S.MOHAMMED KOYA, KADAKKATHODI HOUSE, CHALIYAM PO, KOZHIKODE DIST. 3. P.K.NASEEBA, W/O.SHAMSUDEEN, KADAKKATHODI HOUSE, CHALIYAM PO, KOZHIKODE DIST. 4. K.SIYALIKOYA, NAH'S , CHALIYAM, KOZHIKODE DIST. 5. K.BEEPATHU, W/O.MOHAMMED KUTTY, KADEEJA MANZHIL, P.O, CHALIYAM, KOZHIKODE DIST. 6. ABOOBACKER KOYA, S/O.MOHAMMED KUTTY, KADEEJA MANZIL, CHALIYAM PO, KOZHIKODE DIST. 7. AYISHA.E, D/O.MOHAMMED KUTTY, KADEEJA MANZIL, CHALIYAM PO, KOZHIKODE DIST. 8. RUKIYA, D/O. MOHAMMED KUTTY, KADEEJA MANZIL, CHALIYAM PO, KOZHIKODE DIST. 9. UMMACHA BEEVI, D/O.MOHAMMED KUTTY, KADEEJA MANZIL, CHALIYAM .PO,KOZHIKODE DIST. 10. SHEREFA, D/O.MOHAMMED KUTTY, KADEEJA MANZIL, CHALIYAM PO, KOZHIKODE DIST. W.A.NO.673/2009 - 2 - 11. ABDUL MAJEED, S/O.MOHAMMED KUTTY, KADEEJA MANZIL, CHALIYAM PO, KOZHIKODE DIST. 12. ABDUL RAZAK, S/O.MOHAMMED KUTTY, KADEEJA KADEEJA MANZIL, CHALIYAM PO, KOZHIKODE DIST. 13. BENASER.I, D/O.MOHAMMED KUTTY, KADEEJA MANZIL, CHALIYAM, PO, KOZHIKODE DIST. 14. SAINABA.P, W/O.M.S.MOHAMMED KOYA, KADUKATHODI HOUSE, PO, CHALIYAM, KOZHIKODE DIST. 15. AYISHA M.S., D/O.M.S.MOHAMMED KOYA, KADUKATHODI HOUSE, PO.CHALIYAM, KOZHIKODE DIST. 16. MEHARUNNISA, M.S., D/O.M.S.MOHAMMED KOYA, KADUKKATHODI HOUSE, CHALIYAM PO, KOZHIKODE DIST. 17. NAJAMUNNISA.M.S., D/O.M.S.MOHAMMED KOYA, KADUKKATHODI HOUSE, CHALIYAM PO, KOZHIKODE DIST. 18. FAISAL.M.S., S/O.M.S.MOHAMMED KOYA, KADUKKATHODI HOUSE, CHALIYAM PO, KOZHIKODE DIST. 19. MOHAMMED RAFI.M.S., S/O.M.S.MOHAMMED KOYA, KADUKKATHODI HOUSE, CHALIYAM PO, KOZHIKODE DIST. 20. OFFICE OF THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL(KERALA & LAKSHADWEEP) 8TH FLOOR, KSHB BUILDING PANAMPILLY NAGAR, COCHIN- 682 036. 21. PUNJAB NATIONAL BANK, VAZHAKKAD BRANCH, VATTAPARA BUILDING, EDAVANAPPARA, CHERUVAYOOR PO, MALAPPURAM DIST. 22. MRS.AMINA MANALODI, D/O.AHAMMED KOYA, FAROOK VILLAGE, NALLOOR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. 23. MANI ATHRAPULICKAL, S/O.MANUKUTTAN, KADALUNDI 673 302. (RESPONDENTS 5-13 ARE FORMAL PARTIES WHO ARE THE MOTHER, BROTHERS AND SISTERS OF THE APPELLANT) BY ADV.SRI.K.P.SUDHEER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 673 of 2009 ------------------------------------------ Dated, this the 20th day of March, 2009 JUDGMENT Kurian Joseph, J. Aggrieved by the recovery proceedings initiated by the Bank, the appellant approached this Court in W.P.(C) No.14854 of 2008. In the nature of the contentions advanced by the writ petitioner, we do not think that this Court, at this stage, should go into those contentions on merits, lest they should affect the proceedings proposed to be initiated by the appellant himself. It is fairly clear that the appellant will have to pursue his remedy before the Debts Recovery Tribunal under Section 19(25) of the Recovery of Debts due to Banks and Financial Institutions Act. In that view of the matter, learned counsel for the appellant seeks permission to withdraw the writ petition itself with liberty to the appellant to approach the Debts Recovery Tribunal. Learned counsel for the appellant prays that the recovery proceedings may W.A. No. 673 of 2009 - 2 - be deferred for a while in order to enable the appellant to prosecute the matter before the Debts Recovery Tribunal including prosecution. 2. Learned counsel for the Bank submits that proceedings have only been initiated and it is posted to 1.4.2009 for production of encumbrance certificate. Normally it should take some time for the actual recovery proceedings or further prosecution and, therefore, the petitioner need not have any apprehension of any imminent steps for recovery proceedings. Learned counsel for the Bank also submits that liberty may be reserved to the Bank to object to the maintainability of the petition before the Debts Recovery Tribunal. We do not think that we should reserve any such liberty since it is always open to the parties to take all available contentions before the forum. W.A. No. 673 of 2009 - 3 - 3. In the above circumstances, we permit the petitioner to withdraw the writ petition. Consequently the judgment under appeal stands set aside. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns