IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 27361 of 2010(U) ---------------------- SA.35/2009 of DEBT RECOVERY TRIBUNAL, ERNAKULAM ................ PETITIONER : --------------------- THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, CIVILSTATION BRANCH, KOTTAYAM DISTRICT-686 601. BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENT(S): ------------------------- 1. KURIAN PHILIP, PROPRIETOR, BEAUTY FOOT WEAR, PAREPARAMBIL HOUSE, PUTHENANGADY, KARAPPUZHA, KOTTAYAM DISTRICT, PIN 686601. 2. MEYAMMA KURIAN, PAREPARAMBIL HOUSE, PUTHENANGADY, KARAPPUZHA, KOTTAYAM DISTRICT, PIN 686601. R1 & R2 BY ADVS. SMT.VIJAYAKUMARI SMT.V.AJITHA \ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.27361 of 2010 ------------------------------------------- Dated this the 7th day of January, 2011 J U D G M E N T ---------------------- Limited prayer in this writ petition is for a direction to the Debts Recovery Tribunal, Ernakulam to dispose of S.A.No.35/09 filed by respondents 1 and 2, within a time limit to be specified. On facts, it is evident that the petitioner Bank had initiated steps under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) against the respondents, on their failure to effect prompt repayment in a loan availed. The respondents had filed securitisation application invoking Section 17(1). It is stated that the securitisation application was filed as early as on 30.1.2009 and the petitioner Bank had filed written statement in the matter on 8.7.2010. 2. The petitioner has drawn my attention to the provisions contained in Section 17(5) of the SARFAESI Act which insists that applications filed under Section 17(1) need be disposed of within a period of 4 months. W.P.(C).27361/10 -2- 3. However, it is evident that the petitioner Bank had filed written statement only after a period of 6 months. Considering the exigencies of work in the Debts Recovery Tribunal is concerned, I find no fault with the Tribunal in not disposing the matter and I do not find any circumstances warranting interference of this court in exercise of jurisdiction under Article 227. However, it is desirable on the part of the Debts Recovery Tribunal to take all earnest efforts to dispose of the matter at the earliest possible. 4. Under the above circumstances the writ petition is disposed of directing the Debts Recovery Tribunal, Ernakulam to take all earnest efforts to dispose of S.A.No.35/09 at the earliest possible, at any rate within a period of 3 (three) months from the date of receipt of a copy of this judgment. C.K.ABDUL REHIM, JUDGE. okb