High Court Kerala High Court

N.P.Thomas vs State Bank Of Travancore on 2 January, 2009

Kerala High Court
N.P.Thomas vs State Bank Of Travancore on 2 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 1367 of 2008(R)


1. N.P.THOMAS, S/O.N.T.PAUL, NADACKAL
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE,
                       ...       Respondent

2. UNIONOF INDIA, REP. BY ITS SECRETARY

                For Petitioner  :SRI.RENJITH B.MARAR

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :02/01/2009

 O R D E R
        THOTTATHIL B. RADHAKRISHNAN, J.

= = = = = = = = = = = = = = = = = = = = = = = =

             R.P.No.1367 of 2008

= = = = = = = = = = = = = = = = = = = = = = = =

     Dated this the 2nd day of January, 2009.

                   O R D E R

Read the order dated 19-12-2008. Having regard to

the amounts paid by now, the housing loan is

satisfied. Other amounts have been credited

towards other loans. Under such circumstances, I

deem it appropriate to vacate the judgment issued

in WP(C).32492/008 to enable the petitioner to

work out his remedies before the Debts Recovery

Tribunal in the pending securitisation

application. The said judgment is accordingly

vacated. It is clarified that the DRT will decide

those proceedings untrammelled by anything stated

in the judgment in WP(C).32492/2008 but taking

note of the events subsequent to that judgment as

regards payments are concerned. It is also

directed that on the petitioner appearing, the

bank will release the documents in connection

RP1367/08 -: 2 :-

with the housing loan. All contentions in the

writ petition and in WP(C).36704/2008 are left

open for consideration appropriately. The review

petition is ordered accordingly.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/030109