IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 28146 of 2008(A) -------------------------- AGAINST THE ORDER DATED 10/01/2008 IN IA 507/2007 IN OS.76/2007 of PRL.M.C.KOZHIKODE-I .................... PETITIONER: --------------------------- PALLIPARAMBATH BHASKARAN, S/O.KUNHIRAMAN, DEVI NIVAS, KACHERI AMSOM, KURUMBRAKATTASSERY DESOM, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------------------- UNION BANK OF INDIA, MAIN BRANCH, CHEROOTTY ROAD, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. STANDING COUNSEL SRI.A.S.P.KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.28146 of 2008 = = = = = = = = = = = = = = Dated this the 22 nd day of September, 2008 JUDGMENT The Standing Counsel takes notice for the respondent. Heard both sides. 2.The petitioner seeks a writ of mandamus or any other appropriate writ or order directing the Munsiff's Court-I, Kozhikode to issue a copy of the judgment in O.S.No.76 of 2007 in which as per Ext.P2 interim order dated 10.01.08, the Union Bank of India has been injuncted from dispossessing the petitioner from the plaint schedule property. In case the petitioner has applied for a certified copy of the Ext.P2 order, the same shall be issued expeditiously. 3. With regard to the 2nd prayer namely not to proceed with Ext.P3 notice, I am not inclined to grant the same since the Ext.P3 is a notice issued under section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“Securitisation Act” for short) calling upon Santha Kumari, the wife of the petitioner to hand W.P.(c).No.28146 of 2008 2 over possession of the secured assets of 19.4 cents of land comprised in R.S.No.4-11-453 of Katcheri Village in Kozhikode Taluk created as collateral security by her while availing of a loan of 26,198,21/- with interest thereon. First of all the subject matter of the Ext.P2 interim order of injunction obtained by the petitioner, is not in respect of the property which is covered by Ext.P3 notice issued by the Bank. Secondly, even assuming that it is the same property, the remedy of the petitioner is to seek adjudication by recourse to Section 17 of the Securitisation Act by approaching the Debts Recovery Tribunal. Hence with a direction to the Munsiff's Court to issue a certified copy of the impugned order, in case the petitioner has filed an application in that behalf, this writ petition is disposed of dis allowing the 2nd prayer pertaining to Ext.P3 notice. Dated this the 22 nd day of September, 2008. V. RAMKUMAR, JUDGE sj