IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 26520 of 2008(F) -------------------------------------- PETITIONER: ------------------- SUKUMARAN P.M., 61 YEARS, S/O.MADHAVAN,PATTAMPLAKAL HOUSE, K.CHAPPATHU P.O.,ANAVILASAM VILLAGE, UDUMBANCHOLA THALUK, IDUKKI DISTRICT. BY ADV. MR.A.F.SEBASTIAN. RESPONDENTS: ------------------------ 1. STATE BANK OF INDIA, REPRESENTED BY THE AUTHORISED OFFICER, (CHEIF MANAGER) CREDIT SUPPORT CELL, THIRUNAKARA, KOTTAYAM. 2. BRANCH MANAGER, STATE BANK OF INDIA,KATTAPPANA A.D.B IDUKKI DISTRICT -685 508. 3. THE RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR,CENTRAL OFFICE MUMBAI -400 001. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF BANKING AFFAIRS, NEW DELHI. R4 BY MR. P.PARAMESWARAN NAIR, ASST.S.G, R1 & R2 BY ADV. MR. P.V.SURENDRANATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26520 of 2008-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of January, 2009. JUDGMENT Petitioner challenges proceedings under the SARFAESI Act. By separate order today, I have relegated the petitioner and the bank for consideration of his request for a reverse mortgage loan. The petitioner did not honour the interim order granted at the stage of admission. Obviously, the writ petition was filed on account of the absence of a presiding officer on regular basis before the DRT before which the petitioner could file an application under Section 17 of the SARFAESI Act, if aggrieved by the measure taken by the bank. This writ petition is hence closed without prejudice to the right of the petitioner to move the DRT under Section 17. The DRT will consider any request of the petitioner to exclude the period taken during the pendency of this writ WP(C)26520/2008 -: 2 :- petition in the matter of initiating the proceedings before the DRT. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/060209