The Authorised Officer v. Suresh Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 WA.No. 1904 of 2015 () IN WP(C).18482/2015 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 18482/2015 of HIGH COURT OF KERALA DATED 06-07-2015 APPELLANT(S)/RESPONDENTS:
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1. THE AUTHORISED OFFICER CHIEF MANAGER, STRESS ASSETS RESOLUTION, CENTRE STATE BANK OF TRAVANCORE, REGIONAL OFFICE ARPAN TOWERS, KADAPPAKKADA, KOLLAM 691 008.
2. STATE BANK OF TRAVANCORE HAVING REGISTERED OFFICE ATPOOJAPURA P.O.
THIRUVANANTHAPURAM 695 012AND BRANCH OFFICE AT CHATHANNOOR AT KOLLAM DISTRICT KERALA STATE, REPRESENTED BY ITS BRANCH MANAGER BY ADV. SRI.R.S.KALKURA RESPONDENT(S)/PETITIONERS:
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1. SURESH BABU, S/O.SREEDHARAN, DEVAMATHA HOUSE, NEDUNOLUM P.O. KOLLAM DISTRICT-691 334.
2. LEELA SURESH W/O.SURESH BABU, DEVAMATHA HOUSE, NEDUNGOLAM P.O. KOLLAM DISTRICT-691 334.
BY SRI.MILLU DANDAPANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.A.No. 1904 of 2015 ---------------------------------------------- Dated this the 1st September, 2015
JUDGMENT
Ashok Bhushan, CJ.
Heard learned counsel for the appellants.
2. This Writ Appeal has been filed against the judgment dated 6.7.2015 in W.P(C).No.18482 of 2015 filed by respondents 1 and 2 in this appeal. The learned Single Judge by its judgment disposed of the Writ Petition with the following directions:
"4. The petitioners have already approached the Debt Recovery Tribunal and the matter is pending before the Debt Recovery Tribunal as S.A.No.522/2013. In that view of the matter, I am of the view, any further directions in the matter in the light of the disputes as above, can only be resolved throuhg the proceeidngs of the debt Recovery tribunal. Accordingly, this writ petition is disposed of. The interim order in relation to the residential building will continue for a further period of two months. The Bank is free to proceed in respect of other secured asset in accordance with law."
W.A.1904/15
3. The application submitted by the writ petitioner being S.A.No.522/2013 being pending before the Debt Recovery Tribunal, the learned Single Judge has observed that the parties may obtain further directions from the Tribunal and the interim order granted in the Writ Petition relating to the residential building will continue for two months, which period is expiring on 5.9.2015.
4. In the above view of the matter, we are of the view that no useful purpose shall be served in entertaining the appeal and interfering with the matter. The order passed by the learned Single Judge has almost lived its life. The interim order, which was passed being expiring by 5.9.2015, we do not find it necessary to interfere with the same. As observed by the learned Single Judge, the parties may approach the Debt Recovery Tribunal for further orders, if any. The Writ Appeal is dismissed.
ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs1/9/15