IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 W.P(C).No. 1498 of 2008(C) -------------------------------- PETITIONER: SMT. NALINI PAVITHRAN, W/O. PAVITHRAN, AGED 67 YEARS, KALLIDAVIL HOUSE, ETTUVEEDU, THAMMANAM, KOCHI-32. BY ADV. SRI.T.R.S.KUMAR SRI.JUDE B.ALEX RESPONDENTS: ----------------- 1. THE AUTHORISED OFFICER, STATE BANK OF INDIA, STRESSED ASSETS RESOLUTION CENTRE, IIND FLOOR, R.S.BUILDING, ERNAKULAM. 2. THE MANAGER, STATE BANK OF INDIA, M.G.ROAD BRANCH, ERNAKULAM. 3. M/S. J.K.TRADERS, G-3, AMEEN CHAMBERS, REP. BY ITS MANAGING PARTNER, SRI. B.SIVAKUMAR, KARIMPATTA CROSS ROAD, ERNAKULAM, COCHIN-16. 4. SRI. B.SIVAKUMAR, S/O. K.P.BHASKARAN, SIVANANDAN, CHANGAMPUZHA NAGAR, COCHIN-33. 5. SRI. K.P.JAYADEEP, S/O. K.G.RAVINDRAN, KALLIDAVIL HOUSE, ETTUVEEDU, THAMMANAM, COCHIN-32. 6. M/S. CARE CONNECTION PVT. LTD., BANKS ENFORCEMENT AGENCY, 1ST FLOOR, SUBURBAN BUILDING, MAMANGALAM, COCHIN-25. BY ADV. SRI. K.K. CHANDRAN PILLAI, SC, SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 1498 OF 2008 C = = = = = = = = = = = = = = = = Dated this the 16th January, 2008 J U D G M E N T Petitioner is facing proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. He has filed his reply to Section 13(2) notice, but however, proceedings continued and Ext. P5 notice has been issued under Section 13(4) of the Act. It is stated that in the meanwhile petitioner has filed appeal against the order of the bank rejecting his objection to Ext. P1 and that appeal has been filed before the D.R.T., Ernakulam as S.A. No. 5/08. Counsel for the petitioner submits that the Presiding Officer of the D.R.T. is on medical leave and the petitioner is not in a position to move the appeal and obtain orders. It is stated that in the meanwhile the bank is proceeding with Ext. P5 notice under Section 13(4). 2. Taking into account the facts stated above, I feel, fairness requires that further proceedings pursuant to Ext. P5 be deferred WPC No. 1498/08 -2- for a short while in order to enable the petitioner to seek orders in S.A. No. 5 of 2008 that he has already filed before the D.R.T., Ernakulam. Accordingly, I direct that further proceedings pursuant to Ext. P5 be deferred for a period of 4 weeks and in the meanwhile the petitioner should obtain appropriate interlocutory orders in S.A. No. 5/2008. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-