IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 36272 of 2008(R) -------------------------- PETITIONER(S): --------------- 1. THE COMPREHENSIVE DIGITAL WORLD PVT. LTD., OPP. MAIN.P.O, ETTUMANOOR, KOTTAYAM, KERALA, REPRESENTED BY ITS DIRECTOR AND CHIEF EXECUTIVE, ARUN SANKAR. 2. ARUN SHANKAR, B.TECH, SREESHYLAM, OPP. K.S.R.T.C BUS STATION, ETTUMANOOR - 686 631, KOTTAYAM, KERALA. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. THE STATE BANK OF TRAVANCORE, HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM, KERALA, PIN - 695 012, REPRESENTED BY ITS CHAIRMAN. 2. THE CHIEF MANAGER (AUTHORISED OFFIER), STATE BANK OF TRAVANCORE, ETTUMANOR, KOTTAYAM. BY ADV.SRI.SAJI VARGHESE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36272 OF 2008 ------------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT Heard. The petitioner faces proceedings under the SARFAESI Act. He filed a securitisation application before the Debts Recovery Tribunal. This writ petition is filed on the allegation that though an application for interim relief has been filed before the DRT in the wake of further distress action, no orders could be obtained since there was no sitting in that Tribunal for want of Presiding Officer. As of now, the circumstance has changed and the petitioner has been able to move for interim relief. It is also learnt that some orders have been passed by the DRT. Hence, this writ petition is closed without prejudice to the right to the petitioner to prosecute the matter before the DRT. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.