IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 OP (DRT).No. 3116 of 2011(O) ----------------------------------------- [S.A.NO.155/2011 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM] .................... PETITIONER: ------------------- AYLWIN NOEL VARGHESE, S/O. M.P. VARGHESE, AGED 32 YEARS, MARILYN HOUSE, ASHRAMTHUCHERIL LANE, KOLLAM EAST VILLAGE, KOLLAM DISTRICT - 691 001. BY ADVS. SRI.SHAJI P.CHALY, SRI.R.SANJITH, SMT.S.K.SREEKALA. RESPONDENTS: ------------------------ 1. INDIAN BANK, HEAD OFFICE, 66, RAJAJI SALAI, CHENNAI - 600 001, REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR. 2. M. SURENDRAN PILLAI, AUTHORISED OFFICER/CHIEF MANAGER, INDIAN BANK, POLAYATHODE BRANCH, VIJAYAJYOTHI BUILDING, POLAYATHODE JUNCTION, KOLLAM DISTRICT - 691 001. 3. BRANCH MANAGER, INDIAN BANK, POLAYATHODE BRANCH, VIJAYAJYOTHI BUILDINGS, POLAYATHODE JUNCTION, KOLLAM DISTRICT - 691 001. 4. BRUBEX GLOBAL, NEW BLOCK, BISHOP JEROME NAGAR, KOLLAM DISTRICT - 691 001. R1 & R3 BY SRI. S. EASWARAN, S.C. THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 28/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(D.R.T).NO.3116/2011-O: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE STUDENT IDENTITY CARD OF THE PETITIONER. EXT.P.2: COPY OF THE AGREEMENT OF GUARANTEE PRODUCED BY THE RESPONDENT BANK IN S.A. 155/2011. EXT.P.3: COPY OF THE ORDER IN I.A. NO. 1934/2011 IN S.A. NO. 155/2011. EXT.P.3.A: COPY OF THE NOTICE OF INTENDED TENDER-CUM-AUCTION SALE DTD. 20/08/2011 ISSUED BY THE R.1. BANK. EXT.P.4: COPY OF THE RELEVANT PAGES OF THE CIRCULAR BEARING NO. RBI/2010- 11/74DBOD.NO.BP.BC.21/21.04.048/2010-11 DTD. 01/07/2010 ISSUED BY THE RESERVE BANK OF INDIA. EXT.P.5: COPY OF THE STATEMENT OF ACCOUNTS OF THE R.4. ISSUED BY THE R.3. BANK. EXT.P.6: COPY OF THE JUDGMENT IN WRIT APPEAL NO. 277/2011. EXT.P.7: COPY OF THE ORDER IN I.A. 597/2011 IN S.A. 155/2011. EXT.P.8: COPY OF THE ORDER IN I.A. NO. 823/2011 IN S.A. 155/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. (D.R.T) No. 3116 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th day of September, 2011. J U D G M E N T The petitioner has filed this writ petition seeking early disposal of S.A.No. 155/2011 filed by the petitioner before the Debt Recovery Tribunal under Section 17 of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The reason for seeking early disposal is Exts. P 3 , P7 and P8 orders of the Tribunal, as per which the petitioner has become liable to pay certain amounts. 2. I am of opinion that if the orders are against the petitioner, it is for the petitioner to challenge the same in an appeal before the appellate authority. I do not think that I will be justified in directing the Tribunal to consider securitisation application out of turn especially when the petitioner's application is comparatively a new one. However, it would be open to the petitioner to apply to the Tribunal for early disposal of his application. Without prejudice to that right, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/