IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 13054 of 2008(D) -------------------------- SA.16/2007 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- L.KUNJUKUNJU, S/O.LUKOSE, AGED 80 YEARS, PROPRIETOR, PREMIER CASHEW INDUSTRIES, BATHEL BUNGALOW, VILAKKUDY, KUNNIKODU, PUNALUR, QUILON. BY ADV. SRI.JOSHY THOMAS RESPONDENT(S): --------------- 1. FEDERAL BANK LTD., FEDERAL TOWERS, ALUVA, REPRESENTED BY ITS MANAGING DIRECTOR. 2. DEPUTY GENERAL MANAGER (AUTHORIZED OFFICER), FEDERAL BANK LTD., REGIONAL OFFICE, TRIVANDRUM. 3. BRANCH MANAGER, FEDERAL BANK LTD., PUNALUR BRANCH, QUILON DISTRICT. 4. DEBTS RECOVERY TRIBUNAL (KERALA AND LAKSHADWEEP), KERALA STATE HOUSING BOARD BUILDING, 5TH FLOOR, PANAMPILLY NAGAR, ERNAKULAM-682 036. R3 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.13054/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE POSSESSION NOTICE DATED 19.1.2007 ISSUED BY RESPONDENT BANK. EXT.P2: TRUE COPY OF POSSESSION NOTICE DATED 18.1.2007 ISSUED BY RESPONDENT BANK. EXT.P3: TRUE COPY OF POSSESSION NOTICE DATED 24.1.2007 ISSUED BY RESPONDENT BANK. EXT.P4: TRUE COPY OF POSSESSION NOTICE DATED 24.2.2007 ISSUED BY RESPONDENT BANK. EXT.P5: TRUE COPY OF ORDER DATED .4.2008 OF DRT, ERNAKULAM IN IA NO.415/07 IN SA NO.16/07. EXT.P6: TRUE COPY OF PETITION AND SUPPORTING AFFIDAVIT IN IA NO.1629/07 IN SA NO.16/07. RESPONDENT'S EXHIBITS: EXT.R3(a): TRUE COPY OF THE AFFIDAVIT DATED 9.9.2005 FILED BY THE BANK BEFORE DRT IN O.A.NO.64/01. EXT.R3(b): TRUE COPY OF UNDATED REPLY OF THE PETITIONER TO THE NOTICE U/S 13(2) OF THE SARFAESI ACT. EXT.R3(c): TRUE COPY OF LETTER OF CONFIRMATION OF DEPOSIT OF TITLE DEED DATED 27.2.1994. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13054 OF 2008 ------------------------------------------- Dated this the 2nd day of February, 2009 JUDGMENT 1. The petitioner filed an application under Section 17 of the SARFAESI Act. That was entertained and an interim order was granted by the Debts Recovery Tribunal. When that matter came up for further consideration, the Tribunal confined that interim order in such a manner as if it would not apply to 'B schedule' property. Subject to such restriction, the interim order was further extended. 2. On 11.4.2008, while admitting this writ petition, it was directed that the interim order granted by the DRT will continue to apply regarding 'B schedule' property also. 3. The petitioner appears to have contended before the DRT that no security interest was created over 'B schedule' property. The Tribunal apparently took the view that such a contention affects the jurisdiction of the Tribunal to act under the WPC.13054/08 Page numbers SARFAESI Act. That is a matter which could have been best left for the decision at the final hearing. Accordingly, the interim order of this Court is made absolute and the parties are left with liberty to prosecute S.A.16/07 before the DRT. Being a 2007 matter, the DRT will make an endeavour to expedite final hearing of the proceedings. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.10/2.