IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 3109 of 2010(K) ------------------------- SA.233/2008 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- THE FEDERAL BANK LTD ASSET RECOVERY BRANCH, MARINE DRIVE, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER AND PRINCIPAL OFFICER, SMT.JESSIAMMA AUGUSTINE. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) SRI.P.R.MILTON RESPONDENT(S): --------------- 1. C.A.SALEEM, S/O.ABDU HAJI, KAJAH MANZIL, SAW MILL ROAD, KOORKANCHERRY, TRISSUR. 2. SMT. SHAHIRA SALEEM ,W/O.C.A.SALEEM, KAJAH MANZIL, SAW MILL ROAD, KOORKANCHERRY,TRISSUR 3. THE DEBT RECOVERY TRIBUNAL ERNAKULAM REPRESENTED BY THE REGISTRAR KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R3 SRI.DENIZEN KOMATH FOR R1-2 SRI.SHERRY J. THOMAS FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 3109 of 2010 --------------------------------------- Dated, this the 4th day of March, 2010 J U D G M E N T The petitioner Bank has approached this Court being aggrieved of the delay on the part of the 3rd respondent Tribunal in finalising Ext.P1 proceedings which are pending for quite long. 2. The learned counsel for the petitioner submits that the petitioner is the respondent in SA 233/2008 filed by the respondents 1 and 2 under Section 17 (1) of SARFAESI Act. Despite the completion of pleadings and inspite of the clear mandate under the statute providing for disposal within 4 months, it is still lying in cold storage and hence sought to be interfered. 3. Despite the service of notice, nobody has entered appearance for 1st and 2nd respondents so far. No representation was there for the respondents 1 and 2 on the last occasion on 02.03.2010. Today also it is not a case of exception. It appears that the said respondents are not serious or bothered of the matter and they do not intend to rebut the specific averments raised in the Writ Petition. 4. In the above facts and circumstances, the 3rd respondent is directed to finalise Ext.P1 proceedings in accordance with law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE dnc