IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 17560 of 2010(T) -------------------------- PETITIONER(S): --------------- VARGHESE THOMAS, KALAIKATTIL PANICKARU VEEDU, MAMMEN MATHAI NAGAR, MANJADI P.O., THIRUVALLA. BY ADV. SRI.JACOB P.ALEX RESPONDENT(S): --------------- 1. ANDHRA BANK, REPRESENTED BY ITS MANAGER, THIRUVALLA BRANCH, MARKET ROAD, THIRUVALLA. 2. GENERAL MANAGER, ANDHRA BANK HEAD OFFICE DR.PALLABHI BHAVAN, 5-9-11, SAIFABAD, HYDRABAD PIN 500004. 3. DEPUTY GENERAL MANAGER, ANDRA BANK ZONAL OFFICE, WILSON GARDEN, OFF-HOZUR ROAD, LALBAGH, BANGALORE. ADV. SRI.ABRAHAM MATHEW (VETTOOR) FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.17560 of 2010-T ---------------------------------------- Dated this the 6th day of December, 2010. J U D G M E N T This writ petition was adjourned last time on the premise that some negotiations were going on for settlement of the account. Learned counsel for the petitioner submitted that nothing could be materialised. It is brought to my notice that the issue involved is already pending consideration before the Debt Recovery Tribunal in a statutory appeal (S.A.No.618/2009) filed under Section 17 (1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Under such circumstances, I am of the view that the writ petition can be dismissed without prejudice to rights of the petitioner to pursue statutory remedy before the said Tribunal. It is made clear that that all the contentions raised in this writ petition are left open for agitation. C.K.ABDUL REHIM JUDGE ab