IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 8203 of 2009(U) ------------------------- PETITIONER(S): --------------- K.A.RAVINDRA KUMAR, KALATHIL HOUSE, NEPPANS ROAD, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS CHIEF MANAGER/ EMPOWERED OFFICER, ROUND SOUTH BRANCH, THRISSUR. 2. THE REGIONAL MANAGER, STATE BANK OF TRAVANCORE, REGIONAL OFFICE, THRISSUR. 3. SHEREEFA SIDDIQUE, KOTTIYIL HOUSE, ENKAKAD P.O., MANKARA, VADAKKANCHERRI. R1, R2 BY ADV.SRI.K.S.DILIP R3 BY ADV. SRI.C.K.KARUNAKARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.8203/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE NOTICE PUBLISHED IN MATHRUBHUMI DAILY DATED 13.1.2009. EXT.P2: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND REPSONDENT DATED 28.2.2009. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.8203 OF 2009 ------------------------------------------- Dated this the 18th day of March, 2009 JUDGMENT Notice to the third respondent was ordered on 13.3.2009 by special messenger. As of now, in terms of that order, delivery of the property to the third respondent has not taken place. The third respondent submits, through counsel, that he is no prepared to have the sale set aside on consent. Under such circumstances, the petitioner's remedy against the sale will be before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act. Hence, this writ petition is dismissed, however, directing that dispossession of the petitioner will stand suspended for a period of 10 days from today, to enable him to move the DRT. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.19/3.