IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 W.A.No.1464 of 2008 ------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).19819/2008 DATED 01/07/2008 .................... APPELLANT: PETITIONER:- ------------------------------------- BINNY VARGHESE, MADHURAMCHERIL HOUSE, “SUN SHINE”, THRISSUR ROAD, KUNNAMKULAM 680 503. BY ADV. SRI.C.S.ULLAS RESPONDENTS: RESPONDENTS:- ------------------------------------------------ 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NEW DELHI. 2. THE DISTRICT MAGISTRATE, CIVIL STATAION, AYYANTHOLE, THRISSUR. 3. STATE BANK OF INDIA, CORPORATE OFFICE, NARIMAN POINT, MUMBAI, REPRESENTED BY ITS CHAIRMAN. 4. THE AUTHORISED OFFICER, STRESSED ASSET RESOLUTION CENTRE, STATE BANK OF INDIA, 40/974, IIND FLOOR, R.S. BUILDING, M.G. ROAD, ERNAKULAM. 5. THE STATE BANK OF INDIA, BROADWAY BRANCH ERNAKULAM, REPRESENTED BY ITS MANAGER. WA.No.1464 of 2008 -2- 6. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM, THRISSUR DISTRICT. 7. SMT. SUNITHA E.P, PLOT NO. 16, PANCHAVADY COLONY, AMBELIPADAM ROAD, VYTTILA, KOCHI 682 019. 8. REGHU.K.J., PLOT NO.16, PANCHAVADY COLONY, AMBELIPADAM ROAD, VYTTILA, KOCHI-682 019. 9. THE DEBT RECOVERY TRIBUNAL, 5TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM. R1 BY ASSISTANT SOLICITOR GENERAL SRI. P.PARAMESWARAN NAIR R2 & R6 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R3 TO R5 BY STANDING COUNSEL SRI.K.K.CHANDRAN PILLAI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.A.No.1464 of 2008 ---------------------------------------------- Dated, this the 22nd day of July, 2008 JUDGMENT Basheer, J. Heard learned counsel for the appellant and the learned counsel for respondents 3 to 5. 2. Having heard learned counsel for the parties and having perused the materials available on record, we do not deem it necessary to deal with any of the contentions raised by the parties particularly in view of the submission made by the learned counsel for the appellant at the Bar. He submits that the appellant will be satisfied if he is relegated to the remedies available to him in the civil suit as well as in the proceedings pending before the Debts Recovery Tribunal. We are satisfied that to that extent the prayer made by the appellant is only reasonable. 3. Therefore, the Writ Appeal is disposed of, observing that the Tribunal or the civil Court, as the case may be, shall decide the entire issue, untrammelled by the observations made by the learned Single Judge in W.P.(C).No.19819 of 2008. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-