IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 8046 of 2011(E) ------------------------- PETITIONER(S): --------------- MARY VIJAYAKUMAR, 50 YEARS, W/O. VIJAYAKUMAR, CHIRAYIL HOUSE, H. NO. XI/354, KODIKUTHUMALA, ASHOKAPURAM.P.O, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.A.F.SEBASTIAN RESPONDENT(S): --------------- HSBC BANK, HARBOUR VIEW RESIDENCY, OPP. TO SHIPYARD, M.G. ROAD, KOCHI - 682 015, REP. BY THE AUTHORISED OFFICER. ADV. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.JOJO GEORGE SRI.V.R.REKESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.8046 of 2011-E ---------------------------------------- Dated this the 24th day of March, 2011. J U D G M E N T Confronted with the contentions raised by the respondent, learned counsel for the petitioner seeks permission to pursue statutory remedy before the Debt Recovery Tribunal. He also seeks direction to permit re- occupation. Further relief was also sought for a direction to return the movables belonging to the petitioner and his family members, situated within the residential building, which is now taken over possession by the respondent Bank. 2. The writ petition is dismissed without prejudice to rights of the petitioner to invoke statutory remedy provided under Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), before the Debt Recovery Tribunal. If any securitization application is filed by the petitioner and if any interim petition is filed seeking repossession of the assets on a temporary basis, W.P(C) No.8046 of 2011-E 2 the same shall be considered by the Debt Recovery Tribunal. It is made clear that, I am not expressing any opinion regarding maintainability of any such application, which is proposed to be filed under Section 17(1). 3. It is submitted by the counsel for the respondent that, the respondent Bank is ready to handover possession of movables, if any, situated in the residential house. If the petitioner makes any approach seeking release of the movables, the same shall be given, on getting proper acknowledgment. 4. Hence the writ petition is dismissed with liberty reserved to the petitioner to approach the statutory authority, and subject to the observations and directions contained herein above. C.K.ABDUL REHIM JUDGE ab