IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 19780 of 2009(N) -------------------------- PETITIONER(S): --------------- MICROWAVE PRODUCTS (INDIA)LIMITED, REP.BY DIRECTOR, K.R.G.NAIR, RESIDING AT THACHERIL HOUSE, NADUVATH NAGAR, CHERTHALA, ALLEPPEY. BY ADV. MR.A.D.SHAJAN RESPONDENT(S): -------------------------- 1. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, PANAMPILLY NAGAR, KOCHI-682 036. 2. HDFC BANK, HEAD OFFICE, KALOOR, COCHIN. 3. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-17. 4. ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, EMPLOYEES, PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-17. R1 BY ADV.MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL R2 BY ADVS. MR.P.B.SURESH KUMAR, MR.K.P.SUJESH KUMAR, MR.K.N.SASIDHARAN NAIR, SMT.SANDHYA RADHAKRISHNAN. R3 – R4 BY MR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE MR.M.CHANDRA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 19780 OF 2009 ......................................................................... Dated this the 4th August, 2009 J U D G M E N T The petitioner Company approached this Court challenging the coercive steps stated as being pursued by the respondent Bank for realisation of the due amount under different Heads. The only prayer raised in the Writ Petition is for a direction to the first respondent / Recovery Officer to consider Exts. P3 and P4 Claim Petitions preferred by the petitioner. 2. The learned Counsel for the respondent Bank submits, on instruction, that the enquiry made by the Bank revealed that no such petitions, as borne by Exts.P3 and P4 were received by the first respondent and are pending consideration. That apart , it is also brought to the notice of this Court that, pursuant to Ext. P5 judgment passed by this Court in W.P.(C) 3021 of 2008 filed by the Bank (erstwhile Bank of the third respondent), immovable properties belonging to the petitioner were subjected to sale, whereby the liability to the EPF was cleared. It is also brought to the notice of this Court that huge amount is still subsisting towards arrears of sales tax, besides a sum of more than Rs. One Crore, which is due to the Bank as borne by Ext.P5 judgment. This Court had also observed that the W.P.(C) No. 19780 OF 2009 2 State of Kerala had to put forth appropriate claim before the Recovery Officer for realisation of the sales tax arrears, once the sale of the immovable properties was held in accordance with law. It is at this stage, when the sale proceedings for generating funds to wipe out the liability, that the petitioner has now chosen to approach this Court with the present Writ Petition seeking to have Exts. P3 and P4 considered, which is nothing but an exercise to protract the case, submits the learned Counsel for the respondent Bank. After considering the facts and circumstances, this Court does not find any irregularity; much less any illegality on the part of any of the respondents, so as to call for interference. Accordingly, interference is declined and the Writ Petition is dismissed P.R. RAMACHANDRA MENON, JUDGE. lk