IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WA.No. 328 of 2010 ------------------------- AGAINST THE JUDGEMENT IN WPC.30356/2009 Dated 18/02/2010 .................... APPELLANT/PETITIONER IN W.P.(C) NO.30356/09 --------------------------------------------------------------------- KOLIKKAL GRANITE INDUSTRIES, REPRESENTED BY PARTNER P.P.MOHAMMED ABDUL RAHIMAN, ARIAMKULAM, KATTIPPARA.P.O, THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENTS/RESPONDENTS IN W.P.(C) NO.30356/09 ----------------------------------------------------------------------------- 1. THE BRANCH MANAGER, SME BRANCH, CANARA BANK, JAIL ROAD, PUTHIYARA, KOZHIKODE DISTRICT. 2. AUTHORIZED OFFICER, SME BRANCH, CANARA BANK, JAIL ROAD, PUTHIYARA, KOZHIKODE DISTRICT. 3. THE DEPUTY GENERAL MANAGER, CANARA BANK, CANARA BANK CIRCLE OFFICE, CHELAPPURAM, KOZHIKKODE. BY STANDING COUNSEL SRI.V.B.HARI NARAYANAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Raman, J. ------------------------------------------ W.A. No.328 of 2010 ------------------------------------------ Dated this the 22nd day of March, 2010 JUDGMENT J.Chelameswar, C.J. This is an appeal by the partially successful petitioner in W.P.(C) No.30356 of 2009, aggrieved by the judgment dated 18th February, 2010, insofar as it went against him. 2. Briefly stated, the appellant borrowed certain amount from the first respondent Bank for the purpose of the business being carried on by the appellant. On the ground that the appellant defaulted in repayment of the borrowed amount, proceedings were initiated against the appellant under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Aggrieved by the same, the appellant approached this Court by the abovementioned writ petition. 3. By the judgment under appeal, the learned Judge disposed of the writ petition directing the appellant to pay the entire amount demanded by the respondents, i.e. an amount of Rs.42.19 W.A.No.328 of 2010 - 2 - lakhs, in instalments. The relevant portion of the judgment under appeal reads as follows: “However, considering the entire aspects involved, this Court find it fit and proper that the loan amount could be settled on payment of Rs.42.19 lakhs in full and final settlement of the loan accounts. The petitioner is directed to pay a sum of Rs.10 lakhs within one month from the date of receipt of a copy of this judgment and the balance amount shall be cleared by way of 'four' equal monthly instalments, the first of which shall be effected on or before 15.4.2010, to be followed by the subsequent instalments to be effected on or before the 15th of the succeeding months.” 4. The entire dispute, both in the writ petition and in this writ appeal, is regarding the actual amount of money that is due and outstanding from the appellant. While the respondents claim an amount of Rs.42.19 lakhs as outstanding from the appellant, the appellant claims that the amount owed by him is much low. 5. The forum under Article 226 of the Constitution of India is not the suitable forum for adjudicating such a dispute which involves determination of facts. In the circumstances, we W.A.No.328 of 2010 - 3 - do not see any reason to interfere with the judgment under appeal. The writ appeal is dismissed at the admission stage. It is open to the appellant to avail such other alternative remedies which are available to him under law. J.Chelameswar, Chief Justice P.R.Raman, Judge vns