IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 20046 of 2008(J) ------------------------------------ PETITIONER: -------------------- A.BHASKARAN, S/O.NARAYANAN NAMBIAR, AGED 40 YEARS, BUSINESSMAN, RESIDING AT ALORA HOUSE, PAYAM, IRITTY P.O., PIN-670 703, KANNUR DISTRICT. BY MR.R.SURENDRAN, ADVOCATE RESPONDENTS: ----------------------- 1. INDUS IND BANK LTD., SHALOM TOWERS, 43/138-D, BYE PASS NORTH END, EDAPPALLY, KOCHI-24, REP. BY ITS MANAGER. 2. SRI.G.JAYASANKAR, AUTHORIZED OFFICER, INDUS IND BANK LTD., SHALOM TOWERS, 43/138-D, BYE PASS NORTH END, EDAPALLY, KOCHI-24. FOR R1 & R2 MR.VARGHESE C.KURIAKOSE, ADVOCATE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20046 of 2008(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE REPAYMENT SCHEDULE ISSUED BY THE FIRST RESPONDENT. EXT.P2 - TRUE COPIES OF THE RECEIPTS ISSUED BY THE FIRST RESPONDENT'S KANNUR BRANCH OFFICE TO THE PETITIONER. EXT.P3 - TRUE COPY OF THE NOTICE DATED 19.1.2008 ISSUED BY THE SECOND RESPONDENT UNDER SECTION 13(2) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002. EXT.P4 - TRUE COPY OF THE ORDER DATED 22.1.2008, ISSUED BY THE RTO, GRANTING TOWING PERMISSION TO THE FIRST RESPONDENT. EXT.P5 - TRUE COPY OF THE LETTER DATED 23.1.2008, ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P6 - TRUE COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE PETITIONER TO THE KANNUR BRANCH OF FIRST RESPONDENT. EXT.P7 - TRUE COPY OF THE REPLY DATED 13.2.2008, ISSUED BY THE SECOND RESPONDENT. EXT.P8 - TRUE COPY OF THE LETTER DATED 5.3.2008, ISSUED BY THE FIRST RESPONDENT. EXT.P9 - TRUE COPY OF THE LETTER DATED 14.6.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P10 - TRUE COPY OF THE PHOTOGRAPHS OF THE BUS. // TRUE COPY // PS TO JUDGE rhs THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.20046 of 2008-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of January, 2009. JUDGMENT The petitioner was plying a stage carriage. Respondents took possession of that vehicle on 22-1-2008 under the provisions of the SARFAESI Act. This writ petition was filed on 2-7-2008 alleging that loss has been caused to the petitioner by damage to the vehicle in the process of dispossession and that the outstandings could be settled and vehicle obtained back. The petitioner had lost his opportunity to move the DRT under Section 17 of the SARFAESI Act with the passage of time. Yet, I do not find it proper for this Court to interfere with the impugned action or to issue any direction regarding the transaction. The respondents would, however, consider the request of the petitioner for any relief that he may seek WP(C)20046/2008 -: 2 :- for. Though the parties are entitled to settle the transaction, it is clarified that this judgment will not stand in the way of the petitioner prosecuting appropriate remedies for redressal of his grievances. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/