IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 W.P(C).No. 4066 of 2008(H) -------------------------------- PETITIONERS: --------------- 1. DANIEL V.GEORGE, VALUTHUNDIL HOUSE, KONNI P.O. 2. ROSAMMA DANIEL, VALUTHUNDIL HOUSE, KONNI P.O. BY ADV. SRI.N.K.MOHANLAL RESPONDENTS: ----------------- 1. CHIEF MANAGER, (AUTHORISED OFFICER), STATE BANK OF TRAVANCORE, BRANCH KONNI. 2. BRANCH MANAGER, STATE BANK OF TRAVANCORE, BRANCH KONNI. 3. ASSISTANT GENERAL MANAGER, ZONAL OFFICE, COLLECTORATE, KOTTAYAM. 4. GENERAL MANAGER (OPERATION), STATE BANK OF TRAVANCORE, HEAD OFFICE, POOJAPPURA, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA, SC FOR SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 4066 OF 2008 - H = = = = = = = = = = = = = = Dated this the 11th March, 2008 J U D G M E N T In this writ petition filed challenging the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the petitioners had availed of four loans from the respondent bank. Default was committed and the fact of default is not in dispute. According to the bank the liability as on 31.3.2007 comes to Rs. 33,27,884/-. It is stated that the bank has completed all formalities and has also obtained an order under Section 14 of the Act. Presently, the bank has proposed to take actual possession of the premises. At that stage this writ petition has been filed by the petitioner. 2. Counsel for the petitioners would contend that the petitioners were running a business and that movable items worth crores of rupees are available in the mortgaged premises, which he wanted to remove to raise funds for liquidating the liability. When W.P.(C) No. 4066 OF 2008 - 2 - this submission was made by the counsel, it was made clear on behalf of the respondent bank that they have no objection in the petitioners removing the same at their own expenditure. Recording the submission so made by the counsel for the bank this writ petition is disposed of. ANTONY DOMINIC JUDGE jan/-