IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WA.No. 22 of 2009 ------------------------- AGAINST THE ORDER IN W.P.(C).NO.37506/2008 DATED 18/12/2008. .................... APPELLANT/ PETITIONER: -------------------------------------- ABU MOHAMMED, MULANHOOR HOUSE, CHERPULASSERY.P.O, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. STATE BANK OF TRAVANCORE,CHERPULASSERY BRANCH, OTTAPALAM, PALAKKAD DISTRICT,REP; BY ITS CHIEF MANAGER. 2. THE AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, CHERPULASSERY BRANCH,OTTAPALAM, PALAKKAD DISTRICT. 3. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. R1 & R2 BY SRI. SAJI VARGHESE, S.C. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2009, ALONG WITH W.P.(C). NO.37506/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & P.R.RAMACHANDRA MENON, J. -------------------------------------- W.A.No.22 of 2009 and W.P.(C)No.37506 of 2008 ------------------------------------- Dated 5th January, 2009 JUDGMENT Koshy, Ag.C.J . Heard both sides. 2. This appeal is filed against an interim order wherein interim stay was granted on condition of payment of Rs.2,00,000/= on or before 31.12.2008 and with a further direction to pay Rs.1,00,000/= per month till the entire outstandings are wiped off. It is contended by the appellant that he filed an application before the Debt Recovery Tribunal and the writ petition was filed only because there was no regular sitting of the Debt Recovery Tribunal in Kochi. It is submitted that regular sitting will be started from 19th January, 2009. In the above circumstances, appellant shall press the appeal and stay petition before the Tribunal within one month from today. The matter should be kept in suspension for one month for enabling the Tribunal to consider the same and at least stay petition should be disposed of by the Tribunal. In view of the above order, the writ petition is also called for and disposed of without expressing any opinion regarding the merits of the dispute. Both writ petition and appeal are disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE tks