IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 3877 of 2008(J) ------------------------- PETITIONER: ------------ SOORYA, WIFE OF S.V.MOHAN, RESIDING AT `SOORYA', SANKARANKATTIL, KUNNATHUMEDU, PALAKKAD. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ------------- 1. THE AUTHORISED OFFICER (DEPUTY GENERAL MANAGER), FEDERAL BANK LTD., REGIONAL OFFICE, TRICHUR. 2. THE SUB DIVISIONAL MAGISTRATE, PALGHAT. 3. M/S.SOORYA AND COMPANY, 11/2007, 3RD FLOOR, VYAPARA BHAVAN, MANJAKKULAM ROAD, PALGHAT. 4. THE FEDERAL BANK LTD., PALAKKAD BRANCH, REPRESENTED BY THE CHIEF MANAGER. 5. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM, REPRESENTED BY ITS REGISTRAR. BY ADV. SRI.S.SHYAM FOR R4 GOVT. PLEADER SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 3877/2008 ------------------------------------------------------------------ EXT.P1 TRUE COPY OF APPLICATION IN O.A.NO. 125/2006. EXT.P2 WRITTEN STATEMENT DT. 18-11-2006. EXT.P3 NOTICE DT. 23-9-2006. EXT.P4 REPLY DT. 7-11-2006. EXT.P5 NOTICE DT. 13-12-2006. EXT.P6 NOTICE DT. 10-11-2007. EXT.P7 APPLICATION IN S.A.4/2008. EXT.P8 NOTICE DT. 18-1-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 3877 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 30th May, 2008. J U D G M E N T Petitioner is facing proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 at the hands of respondents 1 and 4 for recovery of loan amounts due from the petitioner to the 4th respondent-Bank. Against the proceedings initiated under the Act, the petitioner has filed Ext. P7 appeal before the Debt Recovery Tribunal, Ernakulam. Petitioner's grievance is that while the appeal is pending, the respondents are proceeding further pursuant to the steps taken under the Act. The petitioner therefore seeks the following reliefs: “i) To call for the records leading to Ext. P6 and Ext.P8 and quash the same by issuance of a writ of certiorari or any other writ, direction or order; ii) to issue a writ of mandamus or any other writ, direction or order, directing the 5th respondent to take up Ext. P7 appeal and pass orders thereon on an early date.” 2. I have heard counsel for respondents 1 and 4 also. 3. At the time of admission, this Court, by order dated 1-2- 2008, directed the petitioner to pay some amounts on various dates. It is submitted that the amounts have been paid. The petitioner now submits that the Debt Recovery Tribunal may be directed to pass orders on Et. P7 expeditiously and to stay further proceedings for recovery of the balance amount till orders are passed by the DRT. In the facts and circumstances of the case, it is only appropriate that the DRT passes interim or final orders in Ext. P7 petition expeditiously. Till interim or final orders are passed, whichever is earlier, further proceedings pursuant to the proceedings now initiated, which is under challenge in Ext. P7, shall be kept in abeyance. Sd/- S. Siri Jagan, Judge. Tds/