IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WA.No. 104 of 2009() ------------------------------- AGAINST ORDER IN WPC. 32048/08 DT. 9.12.08 OF THE HON'BLE HIGH COURT. ........ APPELLANT(S): PETITIONERS ------------------------- 1. P.R.RAJESH, S/O.RAJAPPAN, AGED 35 YEARS, BHUVANESWARI GARDENS, KIDANGANPARAMBU, ALAPPUZHA. 2. SMT.ARCHANA RAJESH, W/O.RAJESH, AGED 33 YEARS, BHUVANESWARI GARDENS, KIDANGANPARAMBU, ALAPPUZHA BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE BANK OF INDIA, REPRESENTED BY ITS CHIEF MANAGER, REGIONAL BUSINESS OFFICE, ALAPPUZHA. 2. THE BRANCH MANAGER, STATE BANK OF INDIA, AGRICULTURAL DEVELOPMENT BRANCH, P.B.NO.4001, CULLAN ROAD, ALAPUZHA. 3. VILLAGE OFFICER, MULLAKKAL, ALAPPUZHA DIST. BY ADV. SRI.K.K.CHANDRAN PILLAI FOR R1 & R2 GOVERNMENT PLEADER SMT.K.MEERA FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy,Ag.C.J. & V.Giri, J. -------------------------------------- W.A. No. 104 of 2009 --------------------------------------- Dated this the 14th day of January, 2009 Judgment Koshy,Ag.C.J. Appellants/Petitioners faced proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act). Petitioner filed appeal before the Debt Recovery Tribunal as S.A. No.192 of 2008. It is the case of the petitioners that the case was not posted due to non-availability of the presiding officer. It is submitted that there will be regular sittings from 19.1.2009. In the above circumstances, without expressing any opinion on the merits of the matter, we direct the Debt Recovery Tribunal to dispose of S.A.No.192 of 2008 or grant interim relief prayed for therein as expeditiously as possible, in any event, within one month from today untrammelled by the observations in this judgment. Further proceedings shall be kept in abeyance for a period of one month from today. J.B.Koshy Acting Chief Justice V. Giri Judge vaa W.A. No./2009 2 W.A. No./2009 3 J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- W.A.No. /2006 ------------------------------------- Judgment Date:14th January, 2009