IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 10946 of 2011(P) ---------------------------------------- PETITIONER(S): ------------------------- K.R.USHASREE, HARISREE, KOCHUPLAMOODU, KOLLAM. BY ADV. SRI.N.D.PREMACHANDRAN SMT.LALIZA.T.Y. RESPONDENT(S): --------------------------- 1. INDIAN BANK-REPRESENTED BY BRANCH MANAGER, KOLLAM BRANCH, KOLLAM. 2. THE MANAGING DIRECTOR, INDIAN BANK, 66, RAJAJI SALAI, CHENNAI. 3. THE INSPECTOR OF FACTORIES & BOILERS, GRADE I, KOLLAM, OFFICE OF THE FACTORIES & BOILERS, KOLLAM. 4. THE DIRECTOR OF FACTORIES AND BOILERS, OFFICE OF THE DIRECTOR OF FACTORIES & BOILERS, THIRUVANANTHAPURAM. 5. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV.SRI.S.EASWARAN,SC R3 TO R5 BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.10946/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SALE CERTIFICATE DATED 17/11/2008 P2 COPY OF THE INTERIM ORDER ON 27/5/2009 P3 COPY OF THE COMMUNICATION DATED 24/3/2009 P4 COPY OF THE COMMUNICATION DATED 28/5/2009 P5 COPY OF THE LETTER DATED 10/6/2009. P6 COPY OF THE COMMUNICATION DATED 3/7/2009. P7 COPY OF THE COMMUNICATION DATED 01/10/2009. P8 COPY OF THE LETTER DATED 7/10/2009. P9 COPY OF THE COMMUNICATION DATED 17/5/2010. P10 COPY OF THE COMMUNICATION DATED 18/5/2010. P11 COPY OF THE COMMUTATION DATED 21/5/2010. P12 COPY OF THE COMMUNICATION DATED 28/5/2010. P13 COPY OF THE LETTER DATED 29/11/2010. P14 COPY OF THE COMMUNICATION DATED 10/12/2010. P15 COPY OF THE LEASE DEED DATED 01/8/2007 P16 COPY OF THE TELEGRAM DATED 8/6/2011 P17 COPY OF THE EMAIL DATED 8/6/2011 P18 COPY OF THE COMMUNICATION DATED 12/9/2011. P19 COPY OF THE COMMUNICATION DATED 20/9/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.10946 OF 2011 ---------------------------------------------- Dated this the 30th day of September, 2011 JUDGMENT This writ petition is filed by the purchaser of a property in proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act complaining that she has not been put in possession of the secured asset purchased by her. Now it is admitted by the petitioner that she has been put in possession on 28.9.2011. However, the petitioner submits that the petitioner is entitled to compensation for unauthorised occupation which was permitted by the bank and she further submits that the machinery purchased by the petitioner has been removed by the lessee for which the petitioner is entitled to compensation. 2. I do not think that, in this writ petition, I can decide that question insofar as for proving the same adducing of evidence is necessary. For that, the petitioner has to approach W.P.(C)No.10946/11 2 either the Civil Court or the Debt Recovery Tribunal under Section 17 of the Act. Without prejudice to that right, this writ petition is closed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.10946/11 3