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 MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WA.No. 1154 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.9678/2008 Dated 02/04/2008 .................... APPELLANT: 4TH RESPONDENT: ---------------------------------------------- STATE BANK OF TRAVANCORE, ASSET RECOVERY MANAGEMENT BRANCH, SBT BHAVAN, PANAMPILLY NAGAR, ERNAKULAM. REP. BY ITS ASSISTANT GENERAL MANAGER. BY STANDING COUNSEL SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENTS: PETITIONER & RESPONDENTS 1 TO 3: ------------------------------------------------------------------------------- 1. SIR.M.O. CHAKKUNNY, S/O. OUSEPH, MOOLAN HOUSE, KOODALAPPAD, KOOVAPADY.P.O, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ERNAKULAM. 3. KERALA FINANCIAL CORPORATION, REP. BY ITS BRANCH MANAGER, PERUMBAVOOR. 4. THE DEPUTY TAHSILDAR (R.R), KERALA FINANCIAL CORPORATION, ERNAKULAM. R1 BY ADV.SRI.RENNY AUGUSTINE. R3 BY STANDING COUNSEL K.JAJU BABU. BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2008 ALONG WITH WPC NO. 1164 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.Nos.1154 of 2008 & 1164 of 2008 ---------------------------------------------- Dated, this the 30th day of June, 2008 JUDGMENT H.L.Dattu, C.J. The State Bank of Travancore has filed these appeals, being aggrieved by the orders passed by the learned Single Judge in W.P. (C) No.9678 of 2008 and W.P.(C) No.10702 of 2008. 2. The only apprehension of the Bank is that, in view of the orders passed by the learned Single Judge, they may not be in a position to realise the amounts due to them from the defaulters/respondents. 3. In our opinion, that apprehension of the Bank is unfounded since they have already obtained appropriate decree from the Debts Recovery Tribunal and they can execute that decree, in accordance with law. 4. While disposing of the writ appeals, we would only say that the State Bank of Travancore and the Kerala Financial Corporation are at liberty to proceed against the defaulters/respondents for realisation of the amounts due to them, in accordance with law. W.A.Nos.1154 of 2008 & 1164 of 2008 -2- 5. I.A.No.595 of 2008 in W.A.No.1164 of 2008 is closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS