IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30368 of 2008(M) -------------------------- PETITIONER(S): --------------- K. BASHEER, KOODATHAL, PADANILAM.P.O, KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE, KALLAI BRANCH, KOZHIKODE. 2. THE AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, REGION-II, REGIONAL OFFICE, KOZHIKODE. BY ADV.SRI.SAJI VARGHESE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30368 OF 2008 ------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT The petitioner failed to repay certain amounts borrowed by him from the respondent Bank. The total accruals grow to more than Rs.11,79,000/- and constructive possession was taken following notice dated 18.10.2006. After one year therefrom, Ext.P3 notice for sale was published on 15.11.2007. Even now, nothing has happened except the fact that the petitioner filed writ petitions before this Court and did not comply with whatever direction was issued. At this distance of time, he says that he is entitled to proceedings before the Debts Recovery Tribunal and that actual sale may be deferred. I do not find any ground to interfere particularly when the measure of taking possession has become final way back in 2006 and it will be too late in the day for this Court to again let the petitioner drag on proceedings under the SARFAESI Act; when that Act itself is made to expedite recovery proceedings. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.