IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 30TH NOVEMBER 2006 / 9TH AGRAHAYANA 1928 WP(C).No. 27360 of 2006(F) -------------------------- OA.125/2005 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ BIBIANA HENDEZ, W/O.HENDEZ MIRANDA, VEVUKKATTIL HOUSE, THAIKKATTUKARA, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.P.KESAVAN NAIR SRI.K.G.CLEETUS RESPONDENTS: ------------- 1. THE FEDERAL BANK LTD., REGISTERED OFFICE, ALUVA BRANCH, THOTTAKKATTUKARA, REP. BY THE CHIEF MANAGER, THE FEDERAL BANK LTD., ASSET RECOVERY BRANCH, FEDERAL TOWERS, MARINE DRIVE, KOCHI-31. 2. KURIVILA THOMAS, S/O.THOMAS, VETTICHIRA HOUSE, KUTTAMASSERY, THOTTUMUGHAM, ALUVA, ERNAKULAM DISTRICT. 3. HENDEZ MIRANDA, S/O.HENRY MIRANDA, VEVUKKATTIL HOUSE, THAIKKATTUKARA, ALUVA. R1 BY ADV. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.27360 of 2006 .................................................................... Dated this the 30th day of November, 2006. JUDGMENT The question raised is whether single O.A. is maintainable in respect of two loans covered by same property. One factual controversy raised by the petitioner is that different properties are offered as security for both the loans. In any case since application is filed before the D.R.T., I direct the D.R.T to consider the preliminary question first and pass orders thereon after hearing both parties. The W.P. is closed leaving the parties to raise their contentions before the D.R.T. C.N.RAMACHANDRAN NAIR Judge pms