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 THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WA.No. 112 of 2009() -------------------- {IN WPC.38022/2008 OF THIS COURT} .................... APPELLANT(S): PETITIONER ----------------------------------------------- A.V. FRANCIS, RESIDING AT ARAKKAL HOUSE, P.O. POOVATHUR, VIA CHAVAKKAD, THRISSUR DISTRICT, PIN - 680 508. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SRI.P.M.SAJI RESPONDENT(S): RESPONDENTS -------------------------------------------------------- 1. UCO BANK, THRISSUR BRANCH, SWARAJ ROUND EAST, TRICHUR, PIN - 680 001, REPRESENTED BY ITS BRANCH MANAGER. 2. AUTHORISED OFFICER, UCO BANK, THIRUVANANTHAPURAM. 3. M/S. ARAKKAL FABRICS, REPRESENTED BY MANAGING PARTNER, A.J. SAJAN, P.O. POOVATHUR, CHAVAKKAD, THRISSUR. SRI.GEORGE KARITHANAM VARGHESE - SC R1 & R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.No.112 of 2009 ------------------------- Dated this the 15th day of January, 2009. JUDGMENT KOSHY, Ag.C.J. The appellant, who is a senior citizen, aged 74 years, was a surety for a loan and his property is now brought to sale by Ext.P7 under the SARFAESI Act. 2. It is the contention of the appellant that Ext.P7 was issued, taking into account certain other loans, other than the subject matter of Ext.P1. Ext.P4 was also pressed into service. The learned single Judge, in the impugned judgment, found that if it exceeds Ext.P1, it would be a matter for consideration by the Debt Recovery Tribunal under Section 17 of the SARFAESI Act, subject to the right of the bank to demonstrate before the Tribunal that Ext.P7 is a composite proceeding based on certain other notices under Section 13(2) of the Act, as according to the appellant, apart from Ext.P1, no other notice was issued. Earlier also, the appellant approached this court. But at that time, there was W.A.NO.112/09 :: 2 :: no regular sitting by the Debt Recovery Tribunal. But, it is now stated that the Tribunal is sitting from 19th onwards. 3. In the above circumstances, if the appellant deposits Rs.5 lakhs and files an application under Section 17 (2) of the SARFAESI Act before the Tribunal, the tribunal will consider the same, as expeditiously as possible, and further proceedings will stand stayed till the Tribunal passes orders. It is for the tribunal to issue further orders in the matter. Writ appeal is disposed of as above. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge