PANIADIMA KUZHIVILA PURAYIDOM Vs. DEPUTY INSPECTOR GENERAL

JUDGEMENT

(1.) THE issue in W.P.(C) No.4680/2012 is with regard to the steps being taken by the respondent Bank for realization of the amount due under a loan transaction and the prayer is to keep the proceedings in abeyance till the issue pending in the other writ petition i.e., W.P.(C).No.18188 of 2009 is finally heard and decided.

(2.) THE case projected by the petitioner in W.P.(C). No.18188/2009 is that the petitioner is the owner of a fishing trawler by name 'Annai Daivdanam' and while the trawler was was anchored at Vizhinjam harbour on 7.11.2007, a boat bearing No.C-34 belonging to the Coast Guard hit the trawler and caused substantial damage. On taking further proceedings, the Coast Guard agreed to compensate the petitioner to the extent of the damage caused to the trawler and the trawler was taken for repairs. Even though the trawler was subsequently repaired and given back to the petitioner, the same was never to the satisfaction of the petitioner, as many of the defects continued and hence petitioner refused to take the delivery. Subsequently, the trawler was toed down to the shore and it is stated that, because of the sustaining defect it sunk again in part. It is in the said circumstance, that the petitioner approached this Court seeking for a direction to be given to the Coast Guard/respondents to compensate the petitioner to the tune of Rs. 25 lakhs.

(3.) COMING to W.P.(C).No.4680/2012 the prayer admittedly is to keep the matter pending till the final disposal of W.P.(C) No.18188/2009. This Court having already declined interference in W.P.(C)No.18188/2009, as a natural consequence, no relief can be extended to the petitioner in W.P.(C).No.4680/2012 as well. In the said circumstances, interference is declined and the said writ petition is also dismissed; however without prejudice to the rights and liberties of the petitioner to approach the concerned Tribunal for availing the statutory remedy; more so, in view of the law declared by the Apex Court in the decision reported in United Bank of India v. Satyawati Tondon and Others (2010 (8) SCC 110).