IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 5797 of 2011(Y) -------------------------------------- PETITIONER(S): ----------------------- THOMAS MANUAL, MADAPPALLIL HOUSE, POOJNAR SOUTH. P.O, KOTTAYAM DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.SHUBHA ABRAHAM, SMT.ASWATHY N. RESPONDENT(S): -------------------------- 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM - 686 001, REPRESENTED BY ITS GENERAL MANAGER. 2. THE AUTHORISED OFFICER, UNDER SARFAESI ACT, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM - 686 001. 3. KERALA STATE FARMERS DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM - 695 001. REPRESENTED BY ITS SECRETARY. R1 & R2 BY ADV. SRI.T.A.SHAJI. R3 BY GOVT. PLEADER MR.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 5797 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 31/03/2008. EXT.P2: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 07/04/2008. EXT.P2(a): COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 10/07/2008. EXT.P2(b): COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 29/08/2008. EXT.P2(c): COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 14/10/2008. EXT.P3: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 15/01/2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.5797 of 2011 ------------------------------------------- Dated this the 14th day of June, 2011 J U D G M E N T ---------------------- This writ petition is filed aggrieved by the coercive steps for sale initiated pursuant to Ext.P3 notice, under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Grievance of the petitioneris that the 'Kerala State Farmers Debt Relief Commission' had issued an order of stay vide Ext.P1 restraining further actions. But the impugned steps were taken in violation of the stay order granted by the Commission. 2. Learned counsel appearing for the respondent Bank, on the basis of instructions received, submitted that the impugned steps were initiated without noticing the stay granted by the Commission under Ext.P1. It is further stated that when the same was brought to the notice of the authorities concerned, steps had already been taken to withdraw the proceedings, which is impugned in this writ petition, subject to final decision W.P.(C).5797/11 -2- of the matter by the Farmers Debt Relief Commission. 3. The above submission is recorded. Since no further issue survives for consideration in this writ petition, the writ petition is hereby closed. C.K.ABDUL REHIM, JUDGE. okb