IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 5236 of 2011(D) --------------------- PETITIONER : --------------------- REJI CHARLES C.L. LAWARENCE JAMES NIVAS, VLANGAMURI, PANANGATTUKARI, NEYYATTINKARA, TRIVANDRUM. BY ADV. SMT. R. VIJAYA KUMARI RESPONDENT(S): ------------------------- 1. THE HONG KONG AND SHANGHAI, BANKING CORPORATION LTD., REPRESENTED BY ITS MANAGER, VELLAYAMBALAM BR., TRIVANDRUM. G.P.O. 695001. 2. AUTHORISED OFFICER, THE HONG KONG AND SHANGHAI, BANKING CORPORATION LTD., TRIVANDRUM - 695001. R1 & R2 BY ADVS. SRI. LAL K. JOSEPH SRI. A.A. ZIYAD RAHMAN SRI.P.MURALEEDHARAN (THURAVOOR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 5236 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : STATEMENT ISSUED BY THE FIRST RESPONDENT. EXT.P2 : COPY OF SEC.13(2) NOTICE DATED 24/02/2010 ISSUED BY THE 2ND RESPONDENT. EXT.P3 : COPY OF ORDER DATED 20/12/2010 IN CMP NO. 2902/10 ON THE FILE OF CJM, TRIVANDRUM. EXT.P4(i) & (2) : COPY OF RECEIPTS ISSUED BY THE RESPONDENT BANK DATED 07/03/2011, 08/03/11, 09/03/11, 10/03/11. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5236 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November, 2011 J U D G M E N T This writ petition is filed by the petitioner challenging proceedings initiated by the respondents under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for recovery of loan amounts due from the petitioner to the respondents. This Court passed an interim order on 18.2.2011, which reads as follows: “Urgent notice on admission to respondents by speed post returnable within 10 days. Meanwhile, dispossession of the petitioner from the property shall be kept in abeyance, if not already dispossessed subject to condition of the petitioner remitting a sum of Rs.4,00,000/- within three weeks from today. Post after three weeks.” The petitioner paid only Rs.1,50,000/- out of Rs.4 lakhs. In I.A. No.4786/2011 filed by the petitioner, this Court granted 15 more days' time to pay the amount as per order dated 18.03.2011. The petitioner paid only 1.21 lakhs more. The balance amount still remains outstanding. The petitioner W.P.(C)No. 5236 of 2011 -2- has today filed an application for extension of time to pay the amount. The petitioner had more than 8 months' time to pay the same. Therefore I am not inclined to further extend the indulgence of this court in favour of the petitioner. In any event it is settled law that proceedings under the Act has to be challenged in an application under Section 17 of the Act before the Debts Recovery Tribunal. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/