BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 22nd day of December, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER SMT.BINDU SOMAN MEMBER

C.C No.179/2009

Between

Complainant : Sunil T Sulaiman,

Thazhathethottiyil House,

Udumbannoor P.O, Pin: 685 595.

(ByAdv: Lissy M.M)

And

Opposite Parties : 1. The Manager,

Dhanalakshmi Bank Limited,

Thodupuzha.

(By Adv: Babu Sebastian)

2. The Senior Manager, Dhanalakshmi Bank Limited, Zonal Office, Marine Drive,

Ernakulam - 682 031.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Heard. The learned counsel for the opposite party submitted that the very same matter is pending before the Debt Recovery Tribunal Ernakulam as IA No.2064/09. The petitioner has prefered a Securitization appeal before the Debt Recovery Tribunal, Ernakulam with the very same cause of action. The Tribunal has already seized the matter and ordered a conditional stay of the proceedings of the Bank on condition that the petitioner should remit Rs.1,25,000/- by 13.11.2009 and in the case of failure the counter petitioner are free to proceed against the petitioner. Copy of the order is also produced. Apart from that, the petitioner has already prefered WP(C) No.20720/09 before the Honourable High Court of Kerala with the very same cause of action and the same was dismissed by the Honourable High Court of Kerala. The Order of the Honourable High Court is also produced. These matters are not disputed by the learned counsel for the complainant.

So we think that it is not proper to interfere and decide this case again and so this petition is not maintainable.

Hence the petition dismissed.

Pronounced in the Open Forum on this the 22nd day of December, 2009.

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

 SMT.SHEELA JACOB(MEMBER)

Sd/-

SMT. BINDU SOMAN(MEMBER)