IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24933 of 2010(N)
1. SHAJI.P.JOHN, S/O.P.S.JOHN,
... Petitioner
Vs
1. ALSTAR METAL COMPANY PVT.LTD.,
... Respondent
2. P.A.AZEEZKUNJU, S/O.ASSANARUNJU,
3. HOWA BEEVI, W/O.AZEEZKUNJU,
4. STATE BANK OF INDIA,
5. THE AUTHORIZED OFFICER,
6. THE DEBTS RECOVERY TRIBUNAL
For Petitioner :SRI.P.K.RAMKUMAR
For Respondent :SRI.P.V.SURENDRANATH
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :06/09/2010
O R D E R
C. K. ABDUL REHIM, J.
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W.P.(C) No. 24933 of 2010
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Dated this the 6th day of September, 2010
JUDGMENT
Petitioner is the auction purchaser of an immovable
property having an extent of 8.5 Ares, along with the shop
rooms situated therein. He purchased the property from
respondents 4 and 5 in an auction conducted on 27-6-2008.
It is stated that he had remitted the entire bid amount and
sale certificate was issued pursuant to the sale, as
evidenced form Exts.P1 and P2.
2. Thereafter, respondents 1 to 3, who are the
defaulters, have approached the Debts Recovery Tribunal
(respondent No.6) by filing an appeal invoking section 17 of
the SARFAESI Act and the Tribunal had stayed further
proceedings. It is stated that the appeal was fully heard on 26-
11-2009 and the Tribunal had reserved the case for pronouncing
judgment. Grievance of the petitioner is that thereafter the
matter was adjourned indefinitely without pronouncing the
judgment, and the petitioner, after spending huge amount, is
W.P.(C) No. 24933/2010 2
now precluded from enjoying the property because of pendency
of the matter before the Tribunal.
3. Heard learned counsel appearing for the petitioner and
learned counsel appearing for respondents 1 to 5. It is agreed
by all parties that the appeal was heard by the tribunal as
contended and it is posted for pronouncement of judgment.
4. Considering the above facts and circumstances, I am of
the opinion that the writ petition can be disposed of directing the
6th respondent to have an early disposal of the matter.
5. In the result, the writ petition is disposed of directing
the 6th respondent to take all earnest efforts to pass judgment in
S.A. No.23 of 2009, as early as possible, at any rate within a
period of one month from the date of receipt of copy of this
judgment.
C. K. ABDUL REHIM,
JUDGE.
mn.