IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WA.No. 405 of 2009() -------------------- APPELLANT(S)/PETITIONER: ----------------------------------- SANIL KUMAR, 38 YEARS, S/O.P.D.ZACHARIAH, ADVOCATE MUNDAKKAL BUILDING, DIWANS ROAD, ERNAKULAM, COCHIN-16. BY MR.P.N.GOPALAKRISHNAN, ADVOCATE RESPONDENTS/RESPONDENTS: ------------------------------------ 1. THE GENERAL MANAGER, FEDERAL BANK LTD.HEAD OFFICE, ALUVA. 2. AUTHORISED OFFICER, FEDERAL BANK LTD., MARINEDRIVE, ERNAKULAM. 3. MANAGER, FEDERAL BANK LTD.ERNAKULAM NORTH BRANCH, ERNAKULAM. 4. M/S.EMTEX INTERNATIONAL LTD. KARINGAZHA, KOTHAMANGALAM, REP. BY ITS HONORARY MANAGING DIRECTOR DR.VARGHESE MUNDAKKAL KARINGAZHA, KOTHAMANGALAM, 5. DR.VARGHESE MUNDAKKAL, KARINGAZHA, KOTHAMANGALAM. BY MR.M.G.KARTHIKEYAN, ADVOCATE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.A.NO.405 OF 2009 () ----------------------------------- Dated this the 24th day of February, 2009 J U D G M E N T KOSHY,Ag.CJ. This appeal is filed commanding the respondents to remove the locks that they have illegally put in the building in question so as to prevent the appellant/petitioner from entering into the building. Appellant/Petitioner is an Advocate who is having put up an office in the building as a tenant. Action was taken under the Securitization and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 as the landlord has to pay more than Rs.20 crores. The allegation of the bank is that appellant/petitioner has broken the lock put by them and complaint is filed before the police. We are of the view that if the appellant/petitioner is aggrieved, it is for him to approach the Debt Recovery Tribunal and get appropriate orders and WA.405/09 2 for two weeks, status quo shall be maintained. This writ appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008