IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 932 of 2009(J) ----------------------------------- PETITIONER: ------------------- THOMAS GEORGE, S/O. LATE GEORGE, KUZHIVELIL HOUSE, NEAR ETTUKATTU TEMPLE, ELAMAKKARA.P.O, KOCHI-26. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR), SRI.GEORGE VARGHESE KIZHAKKAMBALAM. RESPONDENTS: ----------------------- 1. SUNDARAM B.N.P, PARIBAS HOME FINANCE LTD. (FORMERLY SUNDARAM HOME FINANCE LTD.) 21, PATTULOS ROAD, CHENNAI, WITH ITS BRANCH AT MARINE DRIVE, ERNAKULAM, REP. BY ITS AUTHORISED OFFICER, A.G. JAYACHANDRAN, S/O. GOPALANKUTTY AYYAKKARASAM, AYYAPPANKAVU.P.O, KOCHI-18. 2. DEBT RECOVERY TRIBUNAL, KERALA AND LAKSHADWEEP, HOUSING BOARD BUILDING, 5TH FLOOR, PANAMPILLY NAGAR, REP. BY ITS REGISTRAR. R1 BY ADV. SRI.M.P.RAMNATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).932 of 2009-J & Unnumbered I.A. = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of January, 2009. JUDGMENT Adv.Sri.M.P.Ramnath appears for the first respondent. Service complete. The petitioner availed a loan from the first respondent. Defaulted in repayment. That has led to SARFAESI Act culminating in proceedings for enforcement of an order under Section 14 of thaat Act. As of now, the petitioner has filed a securitisation application under Section 17 of the Act against the measure taken under Section 13(4) and the same is stated to be pending before the DRT, K & L. It is pointed out by the learned counsel for the first respondent that a Presiding Officer on a regular basis is likely to commence sittings in the second respondent Tribunal from the 22nd of this month. In that view of the WP(C)932/2009 -: 2 :- matter, it is ordered that the petitioner will be permitted to take his movables from the building in question and the first respondent will maintain status-quo regarding the proceedings for a period of three months to enable the petitioner to move the DRT and seek interlocutory reliefs from that authority. The Tribunal will decide the matter untrammelled by anything stated herein. The petitioner will be entitled to make a written submission to the first respondent indicating the date and time at which he would take delivery of the movables. The first respondent will request the Advocate Commissioner, who was involved in the dispossession proceedings, to be present at that time and the petitioner will pay that Advocate Commissioner an amount of Rs.2,000/- at site as batta for his service. The writ petition and the unnumbered I.A. are ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160109