IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WA.No. 492 of 2009 -------------- -------------------- AGAINST THE JUDGEMENT IN WPC.4087/2009 Dated 09/02/2009 .................... APPELLANT/PETITIONER ------------------------------------ SASIKALA DEVI, AGED 44, W/O. VIJAY GOPAL, SARASWATHY NILAYAM, DESOM.P.O, ALUVA, ERNAKULAM. BY ADV. SRI.PRAVEEN K. JOY RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF BANKING AFFAIRS, NEW DELHI. 2. THE REGISTRAR, DEBT RECOVERY TRIBUNAL, ERNAKULAM. 3. THE RESERVE BANK OF INDIA, REP. BY ITS GOVERNOR, CENTRAL OFFICE, MUMBAI - 400 001. 4. AUTHORISED OFFICER, THE ASSISTANT GENERAL MANAGER, STATE BANK OF TRAVANCORE, ANGAMALAY BRANCH, ERNAKULAM. 5. M/S. DUROLAC, 3RD INDUSTRIAL DEVELOPMENT PLOT, ANGAMALY SOUTH, ERNAKULAM REP. BY GOPALAKRISHNA PILLAI.V, ALUVA, ERNAKULAM. 6. GOPALAKRISHNA PILLAI.V, MANAGING DIRECTOR, M/S. DUROLAC, 3RD INDUSTRIAL DEVELOPMENT PLOT, ANGAMALY SOUTH, ERNAKULAM. 7. VIJAY GOPAL.G, SARASWATHI NILAYAM, DESOM.P.O, ALUVA, ERNAKULAM. W.A.NO.492 OF 2009 -2- 8. RAJAGOPAL.G, SARASWATHI NILAYAM, DESOM.P.O, ALUVA, ERNAKULAM. 9. GEETHAMANI.G, SARASWATHI NILAYAM, DESOM.P.O, ALUVA, ERNAKULAM. 10. SUDHAMANI.G, SARASWATHI NILAYAM, DESOM.P.O, ALUVA, ERNAKULAM. R4 BY STANDING COUNSEL SRI.SANTOSH MATHEW THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A. No. 492 of 2009 ------------------------------------------ Dated, this the 6th day of April, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the order of the learned Single Judge dated 9th February, 2009 dismissing the writ petition as the petitioner has an alternate remedy, this writ appeal is filed. The petitioner who was a co-obligant of the loan availed by the 5th respondent has sought for One Time Settlement under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as 'the Act'. As admitted, under Section 17 of the Act, the appellant/petitioner has an alternate remedy to move the Debts Recovery Tribunal, we deem it not proper to interfere with the proper order passed by the learned Single. Moreover, as admitted by the appellant herself, she is already employed and she wishes to regularize the loan amount. Therefore, it would W.A. No.492 of 2009 - 2 - be in her own interest to approach the appellate authority under Section 17 of the Act. It is brought to our notice that the appellant has already moved the Debts Recovery Tribunal under Section 17 of the Act. We make it clear that the time taken by the appellant for prosecuting the writ petition and the writ appeal will be taken into consideration by the Tribunal while considering the application for condonation of delay in filing the appeal. With these observations, the writ appeal stands disposed of. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns