IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 1478 of 2008(A) ------------------------- PETITIONER: -------------- SOMARAJAN, ULLAS BHAVAN, PEZHUKONAM, CHEERANKAVU, EZHUKONE P.O., KOLLAM. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.C.RAJENDRAN RESPONDENTS: ------------------ 1. INDIAN BANK, HAVING HEAD OFFICE AT NO.31 RAJAJI SALAI, CHENNAI-1 BRANCH KERALA, REPRESENTED BY MANAGER, KOLLAM BRANCH AND OTHERS. 2. M/S.SUNDERESWARAN, A PARTNERSHIP FIRM, REGD. OFFICE, BEACH ROAD, KOLLAM. 3. S.MOHANAN, S/O.SUNDERASWARAN, PARTNER OF M/S.SUNDERESWARAN, SUNDARA BHAVAN, ASRAMAM, KOLLAM-2. 4. S.VIJAYALAKSHMI, D/O.N.SUNDARESWARAN, SUNDARA BHAVAN, ASRAMAM, KOLLAM-2. 5. S.MANJU, S/O.N.SUNDARESWARAN, SUNDARA BHAVAN, ASRAMAM, KOLLAM-2. 6. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. BY SRI.S.EASWARAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 1478 OF 2008 A ===================== Dated this the 18th day of January, 2008 J U D G M E N T Petitioner is facing proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Although the petitioner has moved the Debts Recovery Tribunal, in view of the fact that the Presiding Officer of the Tribunal is on long leave, petitioner submits that he is not in a position to obtain orders safeguarding his interest and that he is apprehending that in the meanwhile the Bank which has already taken possession of the property might proceed to sell the mortgaged property. This is the background in which this writ petition has been filed. 2. Standing counsel for the Bank confirms that the property has been taken possession of. It is also accepted by the counsel for the Bank that petitioner has filed an appeal before the WPC 1478/08 :2 : Debts Recovery Tribunal and that the Presiding Officer is on leave. 3. In view of the position as above, I direct that the status quo as on date will be maintained by the Bank for six weeks from now and in the meanwhile once the Debts Recovery Tribunal resumes function, it will be for the petitioner to obtain appropriate orders from the Tribunal. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Rp