IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 24025 of 2011(C) -------------------------- CMP.4096/2011 of C.J.M., ALAPPUZHA .................... PETITIONER(S): --------------- S.PEETHAMBARAN, AGED 62 YEARS, S/O.SREEDHARAN, VATHIKKATTU HOUSE, AVALOOKUNNU P.O., ALAPPUZHA, PIN-688006. BY ADV. SRI.K.C.SUDHEER RESPONDENT(S): --------------- 1. SOUTH INDIAN BANK, BRANCH AT ALAPPUZHA S.O.PHARMACY BUILDINGS, IRON BRIDGE, ALAPPUZHA-688501, REPRESENTED BY ITS MANAGER. 2. SOUTH INDIAN BANK, ALAPPUZHA BRANCH REGIONAL OFFICE, SOUTH INDIAN BANK, HAFSAL SAFA INTERNATIONAL BUILDING, THIRUVANANTHAPURAM-14, REPRESENTED BY ITS CHIEF MANAGER. 3. AUTHORISED OFFICER, SOUTH INDIAN BANK LTD., REGIONAL OFFICE, HAFSAL SAFA INTERNATIONAL BUILDING, THIRUVANANTHAPURAM-14. 4. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. UNION OF INDIA, REP. BY FINANCE SECRETARY, DEPARTMENT OF FINANCE UNION SECRETARIAT, NEW DELHI. GOVERNMENT PLEADER SHRI.C.K.GOVINDAN SRI.P.PARAMESWARAN NARI, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 24025/2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: TRUE COPY OF PASS BOOK DATED 6-8-2007 OF THE PETITIONER. EXHIBIT P2: TRUE COPY OF THE TREATMENT RECORD DATED 7-4-2010. EXHIBIT P3: TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE DR.SEETHA BHAI DATED 25-7-2011. EXHIBIT P4: TRUE COPY OF THE JUDGMENT IN WPC 24375/2010 DATED 13-8-2010. EXHIBIT P5: TRUE COPY OF THE WRIT APPEAL 2043/2010 DATED 22-12-2010. EXHIBIT P6: TRUE COPY OF THE REMITTANCE MADE BY THE PETITIONER DATED 9-9-2010 OF RS.1 LAKH. EXHIBIT P7: TRUE COPY OF THE REMITTANCE MADE BY THE PETITIONER DATED 13-10-2010 OF RS.50,000/. EXHIBIT P8: TRUE COPY OF THE REMITTANCE MADE BY THE PETITIONER DATED 2-11-2010 OF RS.22,800/- EXHIBIT P9: TRUE COPY OF THE REMITTANCE MADE BY THE PETITIONER DATED 25-11-2010 OF RS.1,11,400/- EXHIBIT P10: TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE DRT AS IA 935/2011 IN SA 56/09. EXHIBIT P11: TRUE COPY OF THE NOTICE DATED 1-9-2011 IN CMP 4096/2011. EXHIBIT P12: TRUE COPY OF THE STATEMENT SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P13: TRUE COPY OF THE POSTAL RECEIPT. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 24025 of 2011 ================== Dated this the 5th day of September, 2011 J U D G M E N T Respondents 1 to 3 initiated proceedings against the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner earlier approached this Court by filing W.P.(C). No. 24375/2010, in which, this Court relegated the petitioner to the remedy by way of application under Section 17 of the Act. The petitioner filed S.A.No.56/2009. The petitioner submits that SA was finally heard on 10.6.2011 and orders have not yet been passed. In the meanwhile, respondents 1 to 3 have approached the Chief Judicial Magistrate under Section 14 for taking possession of the property in question. The petitioner, therefore, seeks following reliefs; “i) to issue a writ of mandamus or other appropriate writ or order or direction commanding the Ist, IInd and IIIrd respondents not to proceed against the petitioner's property without pronouncing the order in the I.A.No. 935/2011 in S.A.No.56/09 which is pending before the D.R.T. Ernakulam as per the directions of Writ Appeal No.2047/2010. ii) to issue a writ or other appropriate writ or order to quash all proceedings as per the notice issued by the Advocate Commissioner in CMP No.4096/2011. iii) to issue a writ of mandamus or other appropriate writ or order or direction to the Ist respondent to avail One time Settlement Scheme to the petitioner and further direct to the Ist respondent to grant sufficient time to the petitioner to pay off the entire liability or existing liability if any. It is also prayed that further direct the Ist respondent not to proceed the petitioner's property for recovery of alleged liability. w.p.c.24025/11 2 iv) to declare that the securitisation and construction (sic) of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act) be unconstitutional and strike down the same.” 2. I have heard the learned standing counsel appearing for respondents 1 to 3 also. 3. It is unfortunate that a Tribunal, who deals with proceedings, which have drastic consequences to borrowers on account of proceedings under the Act by banks and financial institutions, takes so much time to pass orders after completing hearing of the cases. The petitioner submits that the petitioner has filed an interim application also, which also has been heard and orders reserved. In the above circumstances, this writ petition is disposed of with a direction to the Debts Recovery Tribunal, Ernakulam, to pass orders on either the I.A. or S.A., as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till then, further proceedings under the Act shall be kept in abeyance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge