IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38105 of 2008(J) ----------------------------------- AGAINST THE ORDER IN IA 1829/08 IN SA.102/2008 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM . .................... PETITIONER : --------------------- SAJI YOHANNAN , S/O.G.YOHANNAN, PROPRIETOR, M/S.SHEEBA PAINTS, HOSPITAL JUNCION, KUNDARA. BY ADV. SRI.R.ARUN (PALLURUTHY) RESPONDENTS : ------------------------ 1. THE AUTHORISED OFFICER, FEDERAL BANK LTD., KUNDARA BRANCH, KOLLAM DISTRICT. 2. THE CHIEF MANAGER, FEDERAL BANK LTD., KUNDARA BRANCH, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------------------------- W.P(C). No. 38105 of 2008 ------------------------------------------- Dated this the 26th day of December, 2008 JUDGMENT Heard learned counsel for the petitioner. Under challenge is an interim order passed by the D.R.T. in an appeal under Section 17 of the SARFAESI Act. The Tribunal has ordered that the entire amount covered by the notice to be deposited before the date fixed for sale and post the case on 30/12/2008. The learned counsel for the petitioner is unable to state whether the petitioner or his wife earlier has obtained judgment of this Court also touching the SARFAESI Act proceedings. Whatever that be, the impugned order does not warrant any interference in exercise of authority under Article 226 of the Constitution of India. This writ petition is dismissed without prejudice to the Tribunal dealing with its own order which is impugned herein as it may be just and reasonable under any circumstances. THOTTATHIL B. RADHAKRISHNAN, JUDGE scm