IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11524 of 2008(V) -------------------------- AGAINST THE ORDER IN IA.1674,1675/08 IN OS.145/1999 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONERS: ---------------------- 1. K.KRISHNAKUMAR, PROPRIETOR, KRISHNA ENTERPRISES, TC 38, 528, CHENTHITTA, THIRUVANANTHAPURAM. 2. K.RAJAN PILLAI, KRISHNA VILAS, KARUKONE (PO), ANCHAL, KOLLAM. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT: ------------------------ PUNJAB NATIONAL BANK, PALKULANGARA BRANCH, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 11524 OF 2008 --------------------- Dated this the 4th day of April, 2008 JUDGMENT This writ petition is filed to direct the II Additional Subordinate Judge, Thiruvananthapuram, to consider and pass orders on Exts.P1 and P2 and give a further direction to the respondent not to take possession of the property of the petitioners on the basis of Ext.P3. 2. The facts of the case would reveal that the writ petitioners have suffered a decree from civil court as ex parte. Thereafter with a delay of 2734 days they have moved an application to set aside the ex parte decree. Meanwhile, the decree holder has proceeded for realisation of the amount and they have moved under Sec.13 of the Securitisation Act for sale of the property. When the provisions of the Securitisation Act are invoked by issuance of notice under Sc. 13 (2) and by taking possession under Sec.13(4) if any person is aggrieved, the remedy for the party is provided under Sc.17 of the Act. Sec.34 of the Act bars the jurisdiction of the civil court as well. Therefore, invoking the supervisory jurisdiction under Article 227 of WPC NO 11524/08 2 the Constitution of India, in civil matters the court cannot restrain the Bank from proceeding under the provisions of the Securitisation Act. 3. Therefore I decline to grant an order staying the proceedings but, at the same time, I direct the II Addl. Subordinate court, Thiruvananthapuram, where the petition for setting aside ex parte decree is pending, to consider and dispose of Exts.P1 and P2 at the earliest. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 11524/08 3 WPC NO 11524/08 4