High Court Kerala High Court

Thomaskutty Abraham vs Union Of India on 3 October, 2007

Kerala High Court
Thomaskutty Abraham vs Union Of India on 3 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26411 of 2007(T)


1. THOMASKUTTY ABRAHAM,
                      ...  Petitioner
2. THRESSIAMMA ABRAHAM,
3. GEORGEKUTTY ABRAHAM,
4. JOYAMMA JIMSON PANADAN,

                        Vs



1. UNION OF INDIA, REPRESENTED BY ITS
                       ...       Respondent

2. THE FEDERAL BANK LTD., PALAI BRANCH,

3. DEPUTY GENERAL MANAGER,

                For Petitioner  :SRI.P.C.HARIDAS

                For Respondent  :SRI.C.S.AJITH PRAKASH, CGC

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :03/10/2007

 O R D E R
                       ANTONY DOMINIC, J.
                     ===============
                   W.P.(C) NO. 26411 OF 2007
                 ====================

            Dated this the 3rd day of October, 2007

                          J U D G M E N T

The proceedings initiated against the petitioner under the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 is under challenge.

One of the submissions made is regarding the pendency of the

proceedings before the Debts Recovery Tribunal and that

simultaneous proceedings have been initiated. Legally there is

no bar for the Bank to initiate parallel proceedings.

2. It is now contended that the petitioner had withdrawn

all his contentions in the proceedings before the Debts Recovery

Tribunal and on that basis final order has been passed by the

Debts Recovery Tribunal on 18/9/07, permitting the petitioner to

pay off the liability in two instalments payable on 31/11/07 and

28/2/08. This submission of the learned counsel for the Bank is

confirmed to be correct by the learned counsel for the writ

petitioner also. However, he only apprehends that in the

WPC 26411/07
: 2 :

meanwhile the Bank may proceed further with the proceedings

impugned in this writ petition. Now that the DRT has allowed the

petitioner to pay in instalments subject to compliance with the

conditions imposed by the Debts Recovery Tribunal, the Bank will

maintain the status quo and shall not proceed further with the

proceedings under the SARFAESI Act.

With these directions, writ petition is closed.

ANTONY DOMINIC, JUDGE.

Rp