IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 31818 of 2008(K) -------------------------- PETITIONER(S): -------------------- V.S.VIJAYAN, AGED 38 YEARS, S/O.SHIVARAMAPILLAI, VELLIYAMAKKIL HOUSE, VYAPARA BHAVAN ROAD, THODUPUZHA. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): ----------------------- 1. THE FEDERAL BANK LTD., REPRESENTED BY BRANCH MANAGER, THODUPUZHA. 2. AUTHORIZED OFFICER, FEDERAL BANK LTD., REGIONAL OFFICE, THEKKUMKAL BUILDING, T.B.ROAD, KOTTAYAM. 3. UNION OF INDIA, REP. BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW DELHI. 4. THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, IDUKKI. 5. TAHSILDAR, THODUPUZHA TALUK, TALUK OFFICE, THODUPUZHA. 6. M/S.MADAPARAMBIL CORPORATION, KANJIRAMATTOM BYE-PASS JUNCTION, THODUPUZHA EAST P.O., IDUKKI (DT), REP. BY MANAGING PARTNER, VARGHESE M.VARGHESE, S/O.M.C.VARGHESE, MADAPARAMBIL HOUSE, VELLOORKUNNAM, MUVATTUPUZHA MARKET P.O., MUVATTUPUZHA. 7. VARGHESE M.VARGHESE, S/O.M.C.VARGHESE, MADAPARAMBIL HOUSE, VELLOORKUNNAM, MUVATTUPUZHA MARKET P.O., MUVATTUPUZHA. 8. M.C.VARGHESE, S/O.CHUMMAR, MADAPARAMBIL HOUSE, VELLOORKUNNAM MUVATTUPUZHA MARKET P.O., MUVATTUPUZHA. 9. DINESHKUMAR, S/O.M.P.GANGADHARAN, SHELTOR, CHERUPARAMBATH ROAD, KADAVANTHRA, KOCHI - 20. R1 & R2 BY SC ADV. SRI. MOHAN JACOB GEORGE. R3 BY ADV.SRI.P. PARAMESWARAN NAIR, ASST. SG. R4 & R5 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 31818 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of October, 2008 JUDGMENT Petitioner is the guarantor. Proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act is taken against him. He had approached this court earlier culminating in Ext.P2 judgment. Therein, it was noted that the case of the petitioner was that he may be given a breathing time to file appeal before the Debt Recovery Tribunal under Section 17 of the Act. The court took the view that, in the circumstances noted in paragraph 2 of the judgment, there need not be any apprehension for a week at least, within such time the petitioner can file the appeal. According to the petitioner, petitioner has already moved the appeal, but there is no sitting. It is pointed that in the meantime proceedings are on under Section 14 of the Act. 2. Learned counsel appearing on behalf of the respondent Bank would submit that there is no merit at all in the case of the petitioner. He further submits that there is a camp sitting of the Tribunal and if the petitioner bonafide wants, he can seek orders in the appeal. Having heard the counsel, the writ petition is disposed of directing that the proceedings against the petitioner will be kept in abeyance WPC. 31818/2008. 2 for a period of two weeks from today. I make it clear that when the Tribunal considers the matter, it will consider the matter untrammeled by anything contained in this judgment. (K.M. JOSEPH, JUDGE) sb