IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35787 of 2009(P) -------------------------- SA.171/2009 of DEBT RECOVERY TRIBUNAL, ERNAKULAM CMP.1540/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- 1. J. PRASANNAKUMAR, S/O.JOSEPH, AGED 56 YEARS, J.P. NILAYAM, VAVODE, VAZHICHAL P.O., THIRUVANANTHAPURAM. 2. J. PRAKASH KUMAR, KUMAR BHAVAN, VAVODE, VAZHICHAL P.O., THIRUVANANTHAPURAM. BY ADV. SRI.KILLIYOOR P.GOPALAKRISHNAN NAIR SMT.ARATHI ASHOK RESPONDENT(S): --------------- 1. THE STATE BANK OF TRAVANCORE, REGION II, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. J. MOHANDAS, PROPRIETOR, M/S. HAPPY FUELS, PALLICHAL, THIRUVANANTHAPURAM. ADV.SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.35787 OF 2009 ------------------------------ Dated this the 11th day of December, 2009 J U D G M E N T ---------------------- 1. In the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), immovable properties belonging to the petitioners were already been taken over possession by the 1st respondent, invoking Section 14(1) of the Act. Petitioners have filed appeal, S:A: No:171/09 before the Debt Recovery Tribunal, Ernakulam, under Section 17(1) of the SARFAESI Act. Two Interlocutory applications as evidenced from Ext.P3 and P4, I.A.Nos:624/09 and 1319/09, filed by the petitioners seeking interim relief regarding possession of the property as well as seeking direction for proceeding against the borrowers' property, were not been considered so far, is the grievance of the petitioner. It is submitted that those interim applications were filed during March 2009, and the first respondent Bank is dragging the matter even without filing counter affidavit/objections to those applications. However, it is stated that the said applications are posted for consideration along with the appeal petition on 10.2.2010. 2. Under the above circumstances I am of the opinion W.P.(C).35787/09-P 2 that the petitioner can approach the Debt Recovery Tribunal seeking advancement of hearing of the interlocutory applications. Needless to say that if any such applications are made, the Tribunal shall consider the same at the earliest, and dispose of the applications on issuing appropriate orders. C.K.ABDUL REHIM, JUDGE. okb