IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 31443 of 2009(O) --------------------------------------- OP.14/2009 of PRL. SUB COURT, PATHANAMTHITTA .................... PETITIONER(S): --------------------- B. AMMINI, AGED 68 YEARS, W/O.SIVADASA PANIKKAR, CHANDRIKA BHAVANAM, KANNAMKODE MURI, ADOOR P.O.,PATHANAMTHITTA DISTRICT. BY ADV. MR.M.P.KRISHNAN NAIR MR.V.B.NARAYANAN RESPONDENT(S): ------------------------ 1. STATE BANK OF TRAVANCORE, HEAD OFFICE,(RECOVERY SECTION), THIRUVANANTHAPURAM,REPRESENTED BY SENIOR MANAGER. 2. THE CHIEF MANAGER (AUTHORISED OFFICER), STATE BANK OF TRAVANCORE, REGION IV, ZONAL OFFICE,KOTTAYAM. 3. STATE BANK OF TRAVANCORE, KALANJOOR BRANCH,CHERUMANGALATHU BUILDING, KALANJOOR P.O.,PATHANAMTHITTA DISTRICT, REP.BY ITS BRANCH MANAGER. 4. ANIL KUMAR V., PROPRIETOR OF M/S.MANKANDATHIL HOME APPLIANCES, AJITH BHAVAN,KALANJOOR P.O., PATHANAMTHITTA DISTRICT. R1 TO R3 BY ADV. MR.R.S. KALKURA, SC, SBT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.31443 of 2009 - O --------------------------------- Dated this the 6th day of November, 2009 J U D G M E N T Petitioner has filed an indigent O.P as O.P.No.14 of 2009 on the file of the Sub Court, Pathanamthitta. He stood as a guarantor for availing a loan by the fourth defendant from the first respondent bank. He also mortgaged his property having an extent of 8.8 Ares to secure the loan extended by the bank to the fourth defendant. Proceedings were initiated by the first respondent/bank issuing notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. Petitioner approached the Sub Court, Pathanamthitta and filed the above petition seeking to sue as an indigent person disputing his liability to the bank contending that because of the omissions and defaults committed primary security given by the debtor had been lost and thereby he has suffered severe damages. In the application he moved an interlocutory petition for injunction. The court below initially granted an order of injunction exparte, but, later, after the first W.P.(C).No.31443 of 2009 - O 2 respondent bank appeared and filed objections, hearing both sides, the interim injunction was vacated. Though he has applied for getting a carbon copy of the order dismissing his application for interim injunction, it has not been furnished till date and the bank is taking hasty steps to proceed against the property, is the grievance espoused in the writ petition for issue of appropriate directions/orders to the court below for supplying copy of the order passed in his application and also for a restrictive order against the bank from proceedings against his property. 2. First respondent bank has entered appearance through counsel. I heard the counsel on both sides. 3. At the time of hearing, learned counsel for the petitioner confined his submissions for seeking for a grace period to prefer an appeal against the order passed by the court below dismissing his application for interim injunction and till then continuance of the order of injunction that had been passed by the court below, but, subsequently vacated on dismissal of his application. Having regard to the facts and circumstances involved, I direct the court below to issue copy of the order W.P.(C).No.31443 of 2009 - O 3 passed in I.A.No.1073 of 2009 in O.P.No.14 of 2009, if the petitioner has applied for, within a period of ten days from the date of receipt/production of a copy of this judgment. There will be a direction to the respondent bank not to proceed against the properties of the petitioner in respect of the loan transaction for a period of two weeks from the date of this judgment. Writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-