IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 6072 of 2008(W) ------------------------- PETITIONER: ------------ MOMISH KAILASH, S/O.KAILASH, KODUVELIL HOUSE, BKM ROAD, EDAPPALLY P.O., KOCHI - 24. BY ADV. SRI.THOMAS T.VARGHESE SRI.N.SASI RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NEW DELHI. 2. DEBT RECOVERY TRIBUNAL, 5TH FLOOR, K.S.H.B BUILDING, PANAMPALLY NAGAR, ERNAKULAM. 3. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, 8TH FLOOR, K.S.H.B BUILDING, PANAMPALLY NAGAR, ERNAKULAM. 4. SOUTH INDIAN BANK, REGIONAL OFFICE, DHARMODHAYAM BUILDING, MARINE DRIVE, ERNAKULAM REPRESENTED BY ITS AUTHORIZED OFFICER. BY ADV. SRI.GEORGE VARGHESE FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6072 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2008 JUDGMENT Proceedings were initiated against the petitioner by the 4th respondent bank under the the Securitisation and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002. It is stated that the petitioner has filed an appeal before the Debt Recovery Tribunal, Ernakulam as S.A. No.22/2008 along with an application for stay. According to the learned counsel for the petitioner, since there is no regular sitting of the Tribunal, he is not in a position to move the appeal and obtain interlocutory orders. It is complained that in the meanwhile the bank has initiated proceedings for sale of the property and the property is scheduled to be auction today. 2. Having regard to the fact that the petitioner has already filed an appeal before the Tribunal and since he is disabled from obtaining interlocutory orders, I feel ends of justice require that auction should be deferred for a short period. Accordingly, I direct that auction of the property covered by Exts.P1 and P2 shall be deferred by the 4th respondent for four WPC 6072/08 -2- weeks from today. In the meanwhile, it will be open to the petitioner to move the tribunal and obtain interlocutory orders in S.A.No.22/2008 filed by him. The writ petition is disposed of as above. Antony Dominic, Judge. mn.