IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WA.No. 379 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.671/2009 Dated 29/01/2009 .................... APPELLANT(S)/PETITIONER: ---------------------------------- V.P.ASHARAF,S/O.PAREEKKUTTY, VALIYATHARAYIL CHANDIROOR,ALAPPUZHA. BY MR.P.J.MATHEW, ADVOCATE MR.PRATHEESH.P,ADVOCATE MR.R.RAMESH KUMAR,ADVOCATE RESPONDENTS/RESPONDENTS: ------------------------------------ 1. THE STATE BANK OF INDIA,STREESED ASSETS RESOLUTION CENTRE, M.G.ROAD,ERNAKULAM-682011, REPRESENTED BY ITS CHIEF MANAGER. 2. P.A.NAZEER,S/O.ABDUL KHADER, PUTHENPARAMBIL HOUSE, ELAMAKKARA, ERNAKULAM-682 026. (*ADDL. 3RD RESPONDENT IS IMPLEADED) 3. M/s.STAR ENTERPRISES, 5/32, GCDA COMPLEX, MARINE DRIVE, KOCHI, REPRESENTED BY ITS PROPRIETOR NAZEER P.A. (*ADDL. 3RD RESPONDENT IS IMPLEADED AS PER ORDER DATED 24/2/2009 IN I.A.No.152/2009) BY MR.K.K.CHANDRAN PILLAI, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.A.NO.379 OF 2009 (C) ----------------------------------- Dated this the 24th day of February, 2009 J U D G M E N T KOSHY,Ag.CJ. Appellant/Petitioner has not complied with the directions in Ext.P2 judgment passed by the learned Single Judge. In the writ appeal, appellant was allowed to approach the Debt Recovery Tribunal (D.R.T.). Then he filed a representation to the Bank to sell the hypothecated goods first. Appellant/Petitioner has offered his property as security for the loan taken by the 2nd respondent from the 1st respondent Bank. The learned Single Judge passed an interim order to the effect that without all the co-obligants in the array, no relief can be granted and since no impleadment application was filed, writ petition was finally dismissed. Since the appellant has not complied with Ext.P2 judgment and had WA.379/09 2 violated the directions, the earlier order was passed. We are not expressing any opinion on the merits of the matter in a writ appeal. His statutory remedy is to approach the Debt Recovery Tribunal for appropriate relief. The D.R.T shall consider the matter and dispose of the matter untrammeled by the observations in the judgment if the appellant approaches the D.R.T within two weeks from today. With the above observations, this writ appeal is disposed of. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008