IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28625 of 2011(C) --------------------------------------- CRMP.NO.1632/2011 of C.J.M.,KOTTAYAM .................... PETITIONER(S): -------------------------- K.RAJEEV, AGED 50 YEARS, S/O.LATE P.K.KUMARAN NAIR @ NAIR.P.K.K., MANIKANDA VILASAM, PONKUNNAM.P.O., PONKUNNAM, CHIRAKKADAVU VILLAGE, KANJIRAPPILLY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.V.GEORGE(PUTHIYEDAM) RESPONDENT(S): ---------------------------- 1. UCO BANK, REPRESENTED BY BRANCH MANAGER, KOTTAYAM BRANCH, RAILWAY STATION ROAD, KOTTAYAM.PIN-686 001 2. AUTHORIZED OFFICER AND CHIEF MANAGER, UCO BANK, ZONAL OFFICE, RAVIPURAM, ERNAKULAM.682 016 3. DR.BABU THOMAS, AGED 40 YEARS, S/O.P.A.THOMAS, PUTHEN PARAMBIL(H), KUNNUMBHAGOM.P.O., KANJIRAPPILLY, KOTTAYAM-686 507. 4. DR.LIGI GEORGE, AGED 39 YEARS, W/O.DR.BABU THOMAS, PUTHEN PARAMBIL(H), KUNNUMBHAGOM.P.O., KANJIRAPPILLY, KOTTAYAM-686 507. R1 & R2 BY ADV.SRI.GEORGE K.VARGHESE,SC, UCO BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28625/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RELEVANT PAGES OF RATION CARD ISSUED ON 24/12/2008. P2 COPY OF THE ELECTRICITY BILL DATED 7/7/2011. P3 COPY OF THE CRL.M.P.NO.1632/2011 FILED BY 2ND RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 28625 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th day of October, 2011. J U D G M E N T Respondents 1 and 2 have initiated proceedings against the property belonging to the petitioner under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner submits that the bank has approached the Chief Judicial Magistrate under Section 14 of the Act on 18.7.2011. The petitioner had no notice about the same. The petitioner knew about the same only when yesterday, an advocate commissioner, without giving any notice to the petitioner, came to the property and directed the petitioner to vacate the property within three days. The petitioner submits that the petitioner intends to file an application under Section 17 before the Debt Recovery Tribunal, for which he seeks a breathing time. This is opposed by counsel for respondents 1 and 2. However, I am of opinion that the petitioner should be given a breathing time to approach the Debt Recovery Tribunal under Section 17 and to seek interim orders. Accordingly, I dispose of this writ petition with a direction to respondents 1 and 2 to see that further proceedings for taking possession are deferred for a period of two weeks. Sd/- S. Siri Jagan, Judge. Tds/