IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 RP.No. 552 of 2008(L) --------------------- (W.P.(C) 20460 OF 2001) PETITIONERS/PETITIONERS IN OP: ----------------------------------------------- 1. M/S. WALAYAR MOTELS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT KANJIKODE WEST, PALAKKAD DISTRICT-678 623, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.K.RAMAKRISHNAN. 2. K. RAMAKRISHNAN, S/O.P.T.NARAYANAN NAIR, H.NO.121, CHANDRANAGAR COLONY, KUNNANUR AMSOM, PALAKKAD TALUK. BY ADV. SRI.E.K.NANDAKUMAR RESPONDENTS/RESPONDENTS IN OP: ---------------------------------------------------- 1. STAE BANK OF TRAVANCORE, P.B. NO.305, SURYA COMPLEX, T.B.ROAD, PALAKKAD-14, REPRESENTED BY ITS CHIEF MANAGER. 2. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. 3. RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM. 4. UNION OF INDIA, MINISTRY OF FINANCE, REPRESENTED BY ITS SECRETARY (BANKING). BY ADV. SRI.M.PATHROSE MATTHAI (SR.) THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - R.P. No.552 of 2008 in O.P. No.2-460 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September, 2008 ORDER Learned Senior Counsel appearing on behalf of the petitioner Sri.Devan points out that he did not make appearance at the time when the matter was disposed of and the matter came to be disposed of on the basis of the submission made by the learned Senior Counsel appearing on behalf of the respondents. He would submit that there are other issues which arise in the writ petition and that the judgment of the Supreme Court dealt with only the vires of the Act. The Original Petition contains a prayer to quash the order of the Debt Recovery Tribunal marked as Ext.P3. It is pointed out that the matter was taken up in appeal and the appellate court also felt that the matter should be brought to the notice of this court and hence the review petition. In such circumstances, the impugned judgment should be recalled. Accordingly, the review petition is allowed and the impugned judgment is recalled and the writ petition is posted for hearing on 29.9.2008. (K.M. JOSEPH, JUDGE) sb K.M.JOSEPH, J. ----------------------------------- R.P. NO.552 OF 2008 IN O.P. NO.20460 OF 2001. ----------------------------------- ORDER 3.9.2008.