IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No.35272 of 2008 (Y) ---------------------------------- AGAINST THE ORDER IN IA.7471/2007 IN OS.983/2007 of II ADDL.SUB COURT,ERNAKULAM .................... PETITIONER: --------------- M/S.SUNDARAM BNP PARIBAS HOME- FINANCE LTD. (FORMERLY SUNDARAM HOME FINANCE LTD.) SHANMUGHAM ROAD, ERNAKULAM, KOCHI-31, REP. BY ITS DULY AUTHORISED OFFICER, MANAGER (RECEIVABLES), S.NARAYANAN, S/O.N.V.SUBRAMANIAN, R/AT.JAYA NIVAS MANIKKIRI ROAD, ERNAKULAM. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: ------------------ 1. MOHAMMED REXY, AGED 32, S/O.ABDUL AZEEZ, PANACHIKKAPARAMBIL HOUSE ALUVA WEST VILLAGE, THAIKKATTUKARA, ALUVA TALUK. 2. SAJEESH KRISHNAN NAIR AGED 33, S/O.SANTHANA KRISHNAN USHUS, PIRAYIRI VILLAGE, PALAKKAD AMSOM, PALAKKAD DESOM AND PALAKKADU TALUK, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.35272 of 2008 ------------------------------------------------ Dated this the 28th day of November, 2008 JUDGMENT Heard the counsel for the petitioner. 2. It is submitted that in O.S.983/07 filed by the first respondent against the second respondent, an attachment order was obtained before judgment vide order passed on Ext.P7 petition filed by the first respondent; that the petitioner has filed Ext.P8 claim petition as they have taken physical possession of the property on 27/06/08 invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as they are in the list of institutions notified under the Act to which the said Act is applicable and that to enable them to deal with the property in accordance with the provisions of Securitisation Act aforesaid the W. P. C. No.35272 of 2008 -2- claim petition has to be got adjudged and in the circumstances, a direction be given to the court below to dispose of Ext.P8 claim petition filed by the petitioner on 22/07/08 on an early date. 3. In the nature of the order that I propose to pass in this Writ Petition, it is not necessary to issue notice to the respondent. In the circumstances stated above, the Second Additional Sub Judge, Ernakulam before whom O.S.983/07 is pending to consider and pass appropriate orders on I.A.4763/08 which is a claim petition filed by the petitioner as early as possible and in any event before closing of the courts for Christmas vacation provided the petitioner produces a copy of this judgment before the Sub Judge positively on or before 03/12/08 with notice to the counsel for the respondents in the said I.A. viz. the plaintiff and the W. P. C. No.35272 of 2008 -3- defendant in O.S.983/07, and memo evidencing giving of such notice is also filed along with a copy of this judgment. 4. Counsel for the petitioner submits that the defendant in the suit who is the second respondent herein is ex parte and is out of India. Notice need be given only if there is any counsel for the defendant appearing in the court below. 5. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-