IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 24933 of 2010(N) -------------------------- SA.23/2009 of DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER(S): --------------- SHAJI.P.JOHN, S/O.P.S.JOHN, AGED 50 YEARS, RESIDING AT KIZHAKKEDATH PUTHEN VEEDU, P.O.KADAPRA, MANNAR, PATHANAMTHITTA DIST., PIN 689630. BY ADV. SRI.P.K.RAMKUMAR RESPONDENT(S): --------------- 1. ALSTAR METAL COMPANY PVT.LTD., MARKET JUNCTION, MANNAR, ALAPPUZHA DISTRICT, PIN 689622. 2. P.A.AZEEZKUNJU, S/O.ASSANARUNJU, KOLLUZHAMADOM, P.O.MANNAR, ALAPPUZHA DISTRICT, PIN 689622. 3. HOWA BEEVI, W/O.AZEEZKUNJU, KOLLUZHAMADOM, P.O.MANNAR, ALAPPUZHA DISTRICT, PIN 689622. 4. STATE BANK OF INDIA, THIRUVALLA MAIN BRANCH, PIN 689101, REP.BY ITS ASST.GENERAL MANAGER. 5. THE AUTHORIZED OFFICER, STATE BANK OF INDIA, THIRUVALLA MAIN BRANCH, PIN 689 101. 6. THE DEBTS RECOVERY TRIBUNAL (KERALA & LAKSHADEEP), AT ERNAKULAM, PANAMPILLY NAGAR, COCHIN. BY ADV. SRI.P.V.SURENDRANATH FOR R4,5 ADV. SRI.ISAC T.PAUL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 24933 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 6th day of September, 2010 JUDGMENT Petitioner is the auction purchaser of an immovable property having an extent of 8.5 Ares, along with the shop rooms situated therein. He purchased the property from respondents 4 and 5 in an auction conducted on 27-6-2008. It is stated that he had remitted the entire bid amount and sale certificate was issued pursuant to the sale, as evidenced form Exts.P1 and P2. 2. Thereafter, respondents 1 to 3, who are the defaulters, have approached the Debts Recovery Tribunal (respondent No.6) by filing an appeal invoking section 17 of the SARFAESI Act and the Tribunal had stayed further proceedings. It is stated that the appeal was fully heard on 26- 11-2009 and the Tribunal had reserved the case for pronouncing judgment. Grievance of the petitioner is that thereafter the matter was adjourned indefinitely without pronouncing the judgment, and the petitioner, after spending huge amount, is W.P.(C) No. 24933/2010 2 now precluded from enjoying the property because of pendency of the matter before the Tribunal. 3. Heard learned counsel appearing for the petitioner and learned counsel appearing for respondents 1 to 5. It is agreed by all parties that the appeal was heard by the tribunal as contended and it is posted for pronouncement of judgment. 4. Considering the above facts and circumstances, I am of the opinion that the writ petition can be disposed of directing the 6th respondent to have an early disposal of the matter. 5. In the result, the writ petition is disposed of directing the 6th respondent to take all earnest efforts to pass judgment in S.A. No.23 of 2009, as early as possible, at any rate within a period of one month from the date of receipt of copy of this judgment. C. K. ABDUL REHIM, JUDGE. mn.