IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 25443 of 2008(D) -------------------------- (CMP.3058/2007 of C.J.M. COURT,KOZHIKODE) .................... PETITIONER: -------------- VIJAYA BANK, CHALAPPURAM BRANCH, KOZHIKODE REPRESENTED BY ITS SENIOR MANAGER. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT --------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY GOVT. PLEADER SRI.I.V. PROMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 25443 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September, 2008 JUDGMENT The petitioner is a financial institution, which sought assistance of the Chief Judicial Magistrate, Kozhikode, under Section 14 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. They filed this petition complaining of undue delay on the part of the Chief Judicial Magistrate in disposing of the petition filed by them. On 25.08.08, I passed the following interim order in the writ petition. “The Registry shall call for a report from the Chief Judicial Magistrate, Kozhikode, as to what is the delay in disposing of Ext.P1 petition filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, when this Court had, in Sindhu v. State of Kerala [2008 (2) KLT 736] specifically laid down guidelines for disposal of such petitions.” 2. Pursuant to that, a report has been filed by the Chief Judicial Magistrate in which, after stating the reasons for the delay, he has finally stated as follows: “............ Today, on 01.09.08 when the case came up for consideration petitioner was represented by the Advocate and accordingly accepted the new proof Affidavit and allowed the petition as prayed for. I may kindly be excused for the inconvenience caused.” 3. In view of the said report of the Chief Judicial Magistrate, no further orders are necessary in this Writ Petition, except to direct the Chief Judicial Magistrate to issue a certified copy of the order to the petitioner within a period of one week from the date of production of a copy of this judgment. Ordered accordingly. S.SIRI JAGAN, JUDGE ttb