IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7366 of 2009(M) ------------------------- CMP.396/1999 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- C.BHASKARA PILLAI, S/O.CHELLAPPAN, REEJA BHAVAN, KARAVARAM, THOTTAKKAD (PO), KALLAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.LIJU. M.P SRI.A. SABEER RESPONDENT(S): --------------- STATE BANK OF TRAVANCORE, KALLAMBALAM BRANCH, THIRUVANANTHAPURAM, REP. BY MANAGER. BY SC SRI SAJI VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 7366 OF 2009 ............................................ DATED THIS THE 6TH DAY OF MARCH, 2009 JUDGMENT The petitioner is one among the co-obligants, under a loan availed for the purpose of plying stage carriages. On default, the bank is stated to have filed an O.A under the RDB Act and also obtained order under Section 14 of SARFAESI Act for possession with State aid. Therefore against SARFAESI Act proceedings the petitioner can seek remedy under Section 14 of the Act. To provide the petitioner a short time frame to move the Debt Recovery Tribunal against SARFAESI Act proceedings, it is ordered that if the petitioner pays an amount of Rs.3,00,000/- on or before 28.3.2009, the enforcement of the order of Chief Judicial Magistrate will stand deferred by a period of one month from today to enable the petitioner to move the Debt Recovery Tribunal against the impugned SARFAESI Act proceedings and seek interim relief. Debt Recovery Tribunal will take into consideration any deposit that is made pursuant to this judgment also for issuing any interim order, which it may do at its WP(C)7366/2009 2 discretion and untrammelled by any view taken hereunder. All other questions are left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/3