IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4494 of 2009(I) ------------------------- PETITIONER(S): --------------- C.V.SHAJI, AGED 39, S/O.VARGHESE CHITTETHU HOUSE, ELAMAKKARA, KOCHI-26, NOW RESIDING AT ERUVELIKUNNEL HOUSE KAIPPILLY P.O.,EDAMALA, KOTTAYAM. BY ADV. SRI.SHAJI JOSEPH RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE REP. BY BRANCH MANAGER KALOOR BRANCH, KOCHI-17. 2. CHIEF MANAGER AND AUTHORISED OFFICER STATE BANK OF TRAVANCORE , KALOOR, KOCHI-17. 3. M/S. GREEK TRADING COMPANY MASJID BUILDING, DESHABHIMANI ROAD KALOOR, KOCHI-17 REPRESENTED BY MANAGING DIRECTOR,SRI.JEDEN D'SOUZA PULLUVELIL HOUSE, ELAMAKKARA PO, KOCHI-26 4. SRI.JUDEN D'SOUZA S/O.JOSEPH D'SOUZA, PULLUVELIL HOUSE, ELAMAKKARA, KOCHI-26. 5. SMT. SHIRLY D'SOUZA W/O. JOSEPH D'SOUZA, PULLUVELIL HOUSE, ELAMAKKARA, KOCHI-26. 6. N.C.VARGHESE S/O. CHANDI, NEYYASSERIL HOUSE, CHIRAKKAKOM KARA, VARAPUZHA. ADV. SRI.K.S.DILIP, SC FOR SBT FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 4494 OF 2009 ............................................ DATED THIS THE 11TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioner states that he purchased an item of property from the sixth respondent, who had earlier mortgaged that property to the first respondent. He further states that he is willing to pay the bank, the entire amounts due, so that further distress action under the SARFAESI Act could be prevented. 2. Learned counsel for the bank states that physical dispossession has been enforced and sixth respondent has filed a securitization application before the Debt Recovery Tribunal. Therefore there cannot be any direction to return the document or to compel the bank to do anything, which may tend to impinge on the rights of the parties in terms of the privity between the bank and sixth respondent. If the petitioner is prepared to pay the amounts into the account of the sixth respondent, bank will be at liberty to receive it, since even if the loan account is of the third respondent, the sixth respondent is the transferor of the petitioner in terms of Ext.P1. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/12/2