IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30418 of 2008(U) ----------------------------------------------- CMP.7387/2008 of C.J.M.,KOLLAM SA.126/2008 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ---------------------- SHREE VIDYADHIRAJA VIDYA SAMAJAM, REGISTERED CHARITABLE SOCIETY WITH HEADQUARTERS AT EAST ALUMMOODU BUNGALOW, CHETTIKULANGARA, THIRUVANANTHAPURAM - 1. REPRESENTED BY ITS SECRETARY, DR.T.P.SANKARANKUTTY NAIR. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY (FINANCE BANKING), MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI. 2. THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA, KERALA CIRCLE, THIRUVANANTHAPURAM - 33. 3. THE AUTHORISED OFFICER, STRESSED ASSETS RESOLUTION CENTRE (SARC), STATE BANK OF INDIA, KERALA CIRCLE, THIRUVANANTHAPURAM - 33. 4. THE BRANCH MANAGER, STATE BANK OF INDIA, VELLAYAMBALAM (ALTHARA) BRANCH THIRUVANANTHAPURAM - 10. R1 BY SHRI P. PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL. R2 TO R4 BY SHRI P.V. SURENDRA NATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 30418 OF 2008 U -------------------------------------- Dated this the 17th October, 2008 JUDGMENT Case of the petitioner, in brief, is as follows: Petitioner is a Charitable Society. It is aggrieved by the steps taken for taking possession of its properties on the basis of proceedings before the Chief Judicial Magistrate, Kollam. Accordingly, petitioner seeks the following reliefs: “(a) Stay all further proceedings in CMP No.7837 of 2008 on the files of the Chief Judicial Magistrate's Court, Kollam till the disposal of SA No.126/2008 pending before DRT, Ernakulam. (b) Direct the Chief Judicial Magistrate, Kollam to permit the petitioner to adduce evidence to prove that the petitioner has not taken any loan from the Bank and that the Bank is not liable to recover the loan amount from the petitioner and that the Bank has no authority to take over the possession of the properties that are alleged to have been mortgaged for taking the fake loan.” WPC. 30418/08 U 2 2. Apparently, steps have been taken under the Securitisation And Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002. Petitioner had approached this Court earlier by filing a Writ Petition which culminated in Ext.P4 Judgment. Therein, this Court dismissed the Writ Petition without prejudice to the right of the petitioner to file a Suit. This was on the basis that the learned Judge took the view that he could not decide whether the petitioner had received the loan amount or not, without evidence and it could not be done in these proceedings. According to petitioner, petitioner has moved the Debt Recovery Tribunal, Ernakulam. But, there is no sitting. Learned counsel appearing on behalf of the respondent Bank, on the other hand, points out that there is a Judgment by Ext.P4 and it is inconcievable how the petitioner can advance contentions in the teeth of the said Judgment. I have perused Ext.P4 Judgment. Having regard to the totality of facts, I feel that the proceedings before the Chief Judicial Magistrate, Kollam in CMP No.7837/08 should be kept in WPC. 30418/08 U 3 abeyance for a period of three weeks, in order that the petitioner may work out its remedies as are available to it. Accordingly, it is ordered that the proceedings before the Chief Judicial Magistrate, Kollam in CMP No.7837/08 will be kept in abeyance for a period of three weeks from today. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge