IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 36983 of 2009(P) ---------------------------------------- CMP.1420/2009 of CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): ------------------------ V.K. MOHAMMED, S/O. KADER, AGED 60 YEARS, BUSINESS, PROPRIETOR VEEKAY AGENCIES, "SONIYA", MANAL, ALAVIL.P.O., KANNUR. BY ADV. MR.V.RAMKUMAR NAMBIAR RESPONDENT(S): -------------------------- 1. THE SOUTH INDIAN BANK, REPRESENTED BY ITS BRANCH MANAGER, KANNUR BRANCH P.B.NO.41, SWADESHI SHOPPING COMPLEX, BANK ROAD, KANNUR-670 001. 2. THE AUTHORIZED OFFICER, (CHIEF MANAGER) THE SOUTH INDIAN BANK, REGIONAL OFFICE, KOZHIKODE, P.B.NO.933, CHAKKORATHUKULAM, WEST HILL.P.O., KOZHIKODE-673 005. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. R3 BY GOVERNMENT PLEADER MR.BIJOY CHANDRAN. R1 & R2 BY ADV. MR.GEORGE VARGHESE,SC,SOUTH INDIAN BANK. MR.P.R.MILTON. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.36983 of 2009-P ---------------------------- Dated this the 11th day of March, 2010. J U D G M E N T The respondents submit that the petitioner has already approached the Debt Recovery Tribunal seeking for appropriate reliefs and that an interim order has already passed by the Debt Recovery Tribunal. This being the position, the present proceedings by way of Writ Petition before this Court need not be entertained any further. In the said circumstances, the Writ Petition is dismissed; however, without prejudice to the rights and liberties of the parties to pursue the proceedings stated as pending before the Debt Recovery Tribunal, Ernakulam. P.R.RAMACHANDRA MENON JUDGE ab