IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 WP(C).No. 37981 of 2008(V) ------------ -------------------------- PETITIONER: --------------- MARIYAMMA GEEVARGHESE, W/O.C.C.GEEVARGHESE, CHEMBAKATTIKUDIYIL, THRIKKARIROOR, KOTHAMANGALAM. BY ADV. SRI.T.RAJESH RESPONDENTS: --------------- 1. STATE BANK OF INDIA REPRESENTED BY ITS AUTHORIZED OFFICER, STRESSED ASSETS RESOLUTION CENTER 40/974, 2ND FLOOR, R.S. BUILDING, ERNAKULAM. 2. STATE BANK OF INDIA, VYTILA BRANCH, REP. BY ITS BRANCH MANAGER. BY STANDING COUNSEL FOR STATE BANK OF INDIA SRI. K.K. CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 37981 OF 2008 (V) ------------------------------------------------------ Dated this the 23rd day of December, 2008 J U D G M E N T This writ petition is the result of lethargy of the Central Government to appoint a Presiding Officer to Debt Recovery Tribunal. However, I do not find any ground to interfere with this case. The petitioner's case is that her son took the documents in relation to an item of property, which belongs to her and her husband and has created certain liabilities. Exhibit P1 shows that petitioner's son Sri.Gigi C.George, another person and the petitioner are notified of the debt and proceedings are initiated thereby under Section 13(4) of the SARFAESI Act, after prior demand under Section 13(2) in December 2007. The non-availability of the Presiding Officer and the refusal of the officer-in-charge of that office to hear the petitioner's application is not a ground to issue any order when the facts do not disclose any reason to assume that the petitioner intends to pay the amounts and avoid distress action. This writ petition is dismissed without prejudice to the petitioner's right to move before the Debt Recovery Tribunal for hearing the interlocutory application or the Central Government to appoint Presiding Officer to Debt Recovery Tribunal. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/24/12 // True copy // P.A. to Judge