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.BHAVADASAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WA.No. 1240 of 2007(Y) ---------------------- AGAINST THE JUDGEMENT/ORDER DATED 13.4.2007 IN WP(C)NO.32734/2006 .................... APPELLANT: -------------- K.V.ABDULLA HAJI, S/O T.MAMMED, AGED 65, ASHRAF MANZIL, PERUVALATHPARAMBA, IRIKKUR, KANNUR DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SMT.THANKOM.G SRI.E.M.MURUGAN RESPONDENTS: --------------- 1. STATE BANK OF TRAVANCORE, SREEKANDAPURAM BRANCH, REP. BY ITS MANAGER. 2. THE AUTHORISED OFFICER, CHIEF MANAGER,(ADVANCES), STATE BANK OF TRAVANCORE REGIONAL OFFICE, KANNUR. ADV. SRI.SATHISH NINAN, SC FOR R1 SRI.SANTHOSH MATHEW SRI.C.KHALID FOR R3 SRI.R.O.MUHAMED SHEMEEM FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.A.No.1240 of 2007 =============================== Dated this the 6th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. The contention of the appellant/petitioner is that he stood as a guarantor originally for a loan of Rs.5 Lakhs. Later, the loan amount was enhanced to Rs.10 Lakhs. It is the contention of the appellant/petitioner that for the excess amount there is no guarantee and hence his personal property cannot be proceeded for the excess amount. It is submitted that, whether the guarantee will cover the excess amount also etc. is a matter which is already the subject matter in O.A.No.199/2007 before the Debt Recovery Tribunal. Therefore, all parties are allowed to file their objections before that court. Till that question is decided by the DRT, appellant's personal property shall not be proceeded except for Rs.10 Lakhs and interest thereon. Writ appeal is disposed of as above. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/-