IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 11290 of 2010(I) -------------------------- PETITIONERS: --------------- 1. MATHEW JACOB, S/O.LATE THOMAS P.MATHEW AGED 49 YEARS, KARUVELIL,MUNDAKKAL, KOLLAM. 2. THOMAS MATHEW,S/O.LATE THOMAS P.MATHEW AGED 55 YEARS, KARUVELIL,MUNDAKKAL, KOLLAM. 3. JOHN MATEW,S/O.LATE THOMAS P.MATHEW AGED 44 YEARS, KARUVELIL,MUNDAKKAL, KOLLAM. BY ADV. MR. R.SATISH KUMAR RESPONDENTS: --------------- 1. THE PUNJAB NATIONAL BANK,(ERSTWHILE NEDUNGADI BANK LTD.)REGIONAL OFFICE, CPGP TOWERS, UPPALAM ROAD, STATUE,THIRUVANANTHAPURAM. 2. THE REGIONAL MANAGER,THE PUNJAB NATIONAL BANK,(ERSTWHILE NEDUNGADI BANL LTD.), REGIONAL OFFICE, CPGP TOWERS, UPPALAM ROAD, STATUE,THIRUVANANTHAPURAM. 3. THE MANAGER,THE PUNJAB NATIONAL BANK, (ERSTWHILE NEDUNGADI BANK LTD.),KOLLAM ASHRAMAM BRANCH,KOLLAM. ADV. MR. P.K.SURESH KUMAR MR. V.C.MADHAVANKUTTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 11290 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th day of July, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: i. call for the records leading to issuance of Exhibits P3 to P5 from the respondents and quash Exts. P3 to P5 issuing a Writ of Certiorari as they are issued for claim a time barred debt. and ii. to issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case. 2. The learned counsel appearing for the petitioner submits that, the coercive steps now being taken by the Bank, resorting to the remedy under the SAFAESI Act, are not in inconformity with the statutory prescriptions and further that, it is actually barred by limitation by virtue of the stipulation contained under Section 36 of the Act. The learned counsel for the petitioner also submits that, the petitioner is constrained to approach this Court because of the coercive steps and that the petitioner would like to avail the statutory remedy, for which some breathing time is sought for. 3. In the above circumstances, this Court does not propose to go into the merits of the case. The petitioner is at liberty to avail the W.P. (C) No. 11290 of 2010 : 2 : statutory remedy by approaching the DRT, if aggrieved of any steps under the SARFAESI Act. So as to enable the petitioner to pursue such exercise, all further coercive steps impugned in the Writ Petition shall be kept in abeyance for a period of two weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd