Kerala High Court

WP(C)/38108/2008 of MUHAMMED ALI Vs AUTHORISED OFFICER, STATE BANK OF TRAVAN on 26 December 2008

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 W.P(C).No. 38108 of 2008(J) ------------------------------------ SA.223/2008 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM .......................... PETITIONER

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930

W.P(C).No. 38108 of 2008(J)

------------------------------------

SA.223/2008 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM

..........................

PETITIONER :

---------------------

MUHAMMED ALI, S/O.LATE HASSAN,

ILLICKAL HOUSE, PATHADIPALAM,

CHANGAMPUZHA NAGAR, EDAPPALLY, KOCHI-33.

BY ADV. SRI.JOSE KURIAKOSE (VILANGATTIL)

RESPONDENTS :

-------------------------

1. AUTHORISED OFFICER,

(CHIEF MANAGER (SARC ARMB EKM)

STATE BANK OF TRAVANCORE, SBT BHAVAN,

PANAMPILLY NAGAR, ERNAKULAM -36.

2. MANAGER, STATE BANK OF TRAVANCORE,

EDAPPALLY BRANCH, ERNAKULAM, KOCHI.

BY SRI. K.S. DILIP,SC, SBT

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

THOTTATHIL B. RADHAKRISHNAN, J.

-------------------------------------------------------- W.P(C). No. 38108 of 2008

------------------------------------------- Dated this the 26[th] day of December, 2008

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JUDGMENT

The impugned Exhibit P3 is an interim order passed by theD.R.T. in securitisation application under Section 17 of theSARFAESI Act. I do not find any jurisdictional error or legal infirmityin that order. This writ petition is dismissed without prejudice to theright of the petitioner to prosecute any application, which is stated tobe pending before the tribunal seeking enlargement of time.

THOTTATHIL B. RADHAKRISHNAN, JUDGE

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