IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 36233 of 2007(L) -------------------------------------- PETITIONER(S): ---------------------- 1. P.D.SUKUMARAN, PUTHENPARAMBIL HOUSE, KALLARA, KADUTHURUTHY, KOTTAYAM. 2. MOHANAN, S/O. NARAYANAN, PULLATT THADATHIL, NEEZHOOR P.O., KUNNAPPALLY, VAIKOM. BY ADV. MR.B.PREMNATH (E) SMT.PRIYA VIJAYAN RESPONDENT(S): ------------------------- 1. PUNJAB NATIONAL BANK, REPRESENTED BY ITS SENIOR REGIONAL MANAGER, REGIONAL OFFICE, CPGP TOWERS, UPPALAM ROAD, STATUE JUNCTION, THIRUVANANTHAPURAM. 2. MANAGER, PUNJAB NATIONAL BANK, KOTTAYAM BRANCH, LOGOS CENTRE, KOTTAYAM. R1 & R2 BY ADV. MR.P.K.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 36233/2007-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LAWYER NOTICE DATED 18/06/2007 ISSUED TO THE PETITIONERS ON BEHALF OF THE BANK. EXT.P2: COPY OF THE NOTICE DATED 14/11/2007 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER. EXT.P3: COPY OF THE NOTICE DATED 14/11/2007 ISSUED BY THE 1ST RESPONDENT TOT HE 2ND PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 36233 OF 2007 ......................................................................... Dated this the 7th April, 2009 J U D G M E N T The petitioners had availed a cash credit facility to the tune of Rs.35,00,000/- from the respondents-Bank on 20.06.2006, which could not be cleared on time as assured. This made the respondents to pursue appropriate steps under the relevant provisions of the 'Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002', which is sought to be intercepted by this Court in this Writ Petition. 2. The learned counsel for the respondents- Bank submits that the Bank has already taken possession of the concerned property, though steps for sale are yet to be pursued and finalised. It is further pointed out by the learned counsel that the petitioners have already approached the DRT for appropriate reliefs and that the said proceedings are still pending before the DRT. W.P.(C) No. 36233 OF 2007 2 In the above circumstances, the Writ Petition is disposed of without prejudice to the right of the petitioners to pursue the remedy available under the statute and pending before the DRT as stated above. P.R. RAMACHANDRA MENON, JUDGE. lk