IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 34239 of 2006(A) --------------------------------------- PETITIONER(S): ----------------------- M/S.S.D.PHARMACY, PB NO.4204, PALACE ROAD, ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER, K.RAMESH. BY ADV. MR.MILLU DANDAPANI RESPONDENT(S): ---------------------------- 1. SYNDICATE BANK, GURUVAYUR BRANCH, GURUVAYUR, REPRESENTED BY ITS MANAGER. 2. CHIEF MANAGER, SYNDICATE BANK, REGIONAL OFFICE, PIONEER TOWERS, SHANMUGHAM ROAD, ERNAKULAM, COCHIN-682 031. 3. M.V.MURALEEDHARAN, MANAGING DIRECTOR, M/S.MURALI HOTELS AND RESORTS PRIVATE LTD., WEST NADA, GURUVAYUR. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001. ADV. MR.R.S.KALKURA FOR R1 & R2 MR. AJITH KRISHNAN, ADDL.CGSC FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, ALONG WITH WPC NO. 34400 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.34239/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RENT DEED DT. 6.11.86 EXECUTED BY PETITIONER IN FAVOUR OF 3RD RESPONDENT. P2:- COPY OF THE NOTICE DT. 7.12.06 ISSUED BY 2ND RESPONDENT TO PETITIONER. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE FINAL ORDER DT. 17.1.05 IN OA. 77/2004 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. R1(b):- COPY OF THE JUDGMENT DT. 7.3.06 IN WPC. 36566/05 OF THE HONOURABLE HIGH COURT. TRUE COPY P.A. TO JUDGE TSS P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) Nos. 34239 of 2006 and 34400 of 2006 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 27th day of July, 2009 JUDGMENT The learned counsel for the petitioner submits that, during the pendency of the above Writ Petition, entire liability was cleared by the 3rd respondent/original borrower and in the said circumstances, all further coercive proceedings, pursuant to steps taken under the SARFAESI Act stand withdrawn. As such, nothing further remains to be considered in the present Writ Petition and it is closed accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd