IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38022 of 2008(B) -------------------------------------- PETITIONER(S): ---------------------- A.V. FRANCIS, RESIDING AT ARAKKAL HOUSE, (P.O). POOVATHUR, VIA CHAVAKKAD, THRISSUR DISTRICT, PIN - 680 508. BY ADV. SRI.C.VATHSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): ------------------------ 1. UCO BANK, THRISSUR BRANCH, SWARAJ ROUND EAST, TRICHUR, PIN - 680 001. REPRESENTED BY ITS BRANCH MANAGER. 2. AUTHORISED OFFICER, UCO BANK, THIRUVANANTHAPURAM. 3. M/S. ARAKKAL FABRICS, REPRESENTED BY MANAGING PARTNER, A.J. SAJAN, (P.O). POOVATHUR, CHAVAKKAD, THRISSUR. R1, R2 BY ADV. SRI.GEORGE VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.38022 of 2008-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of December, 2008. JUDGMENT Ext.P2 judgment, followed by Ext.P3 order on a review petition, has become final. The petitioner is a partner of the third respondent firm which availed a loan. SARFAESI Act proceedings were initiated. The proceedings initiated on the basis of Ext.P1 was subject matter of Ext.P2 writ petition. That stands concluded with directions as to payment. It is stated that the directions have not been complied with even as regards those instalments which were due by now. The present plea is that the impugned Ext.P7 has been issued taking within its sweep certain other loans also and thereby fixing the value of the property in such a way that no intending purchaser would have come forward to buy it. Ext.P4 report is pressed into service. I do not find any ground to issue WP(C)38022/08 -: 2 :- any order since Ext.P7, if it exceeds Ext.P1, would be a matter for consideration by the Debts Recovery Tribunal under Section 17 of the SARFAESI Act. Subject to the right of the bank to demonstrate before the learned Tribunal that Ext.P7 is a composite proceeding based on certain other notices under Section 13(2) also, apart from Ext.P1, it is clarified that Ext.P2 judgment and Ext.P3 order cover only Ext.P1 and nothing more. The writ petition is disposed of without prejudice to the right of the petitioner to move the DRT in terms of what is stated above. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/