IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 30969 of 2008(J) ------------------------------------- PETITIONER(S): ----------------------- 1. B.ADARSHANAND, S/O. LATE T.SUDHAKAR, SUVIDHA, HOUSE NO.9/1058, MANTHRA ROAD, MATTANCHERRY, KOCHI -2, 2. V.DHANANJAY, S/O.VIDYASAGAR, 15C, EXPRESS ESTATE, KALOOR, KOCHI -17 BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN RESPONDENT(S): --------------------------- 1. INDIAN BANK, SHANMUGHAM ROAD, BRANCH, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER, 2. AUTHORISED OFFICER, INDIAN BANK, CIRCLE OFFICE,CHITTOOR ROAD, ERNAKULAM. 3. THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM, REPRESENTED BY ITS REGISTRAR, ADV. SRI.S.EASWARAN FOR R1 SRI.P.PARAMESWARAN NAIR ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.30969 OF 2008 (J) ------------------------------------------------------ Dated this the 1st day of December, 2008 J U D G M E N T This writ petition is filed by raising the question of payment of court fee on an application under Section 17 of the SARFAESI Act. This is an issue which the Debt Recovery Tribunal can decide. This matter was considered and an interim order was issued only because the Tribunal was not sitting. Adv.Smt.Soumini James on behalf of Assistant Solicitor General states that the next sitting of the Debt Recovery Tribunal is on 8-1-2009. Under such circumstances, without expressing anything on merits, this writ petition is closed, preserving the rights of the petitioners to move before DRT for resolution of the question raised in this writ petition. To aid such process, suspension of distress action will continue for a period of two weeks, within which the time petitioners may file appropriate appeal against the decision of the Registry as regards court fee. It is clarified that the interim relief granted by this Court will not, in any manner, regulate the proceedings before the Tribunal. The petitioner will be at liberty to seek appropriate relief in the Tribunal. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/1/12 // True copy // P.A.to Judge.