IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 23994 of 2011(Y) -------------------------- PETITIONER(S): --------------- M.S.PAVIYANOSE, AGED 63 YEARS, S/O.DEVASSIA, RESIDING AT MULAVANA HOUSE, MAMOOD, CHANGANACHERY, KOTTAYAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): --------------- AUTHORISED OFFICER, REGIONAL OFFICE, UNION BANK, THIRUVANANTHAPURAM-695001. ADV. SRI.A.S.P.KURUP, SC, UBI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.C.NO.23994/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DATED 7/1/2011 UNDER THE SECURITISATION ACT ISSUED TO THE PETITIONER BY THE RESPONDENT. P2: COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.23994 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2011 J U D G M E N T The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) initiated by the respondent for recovery of loan amounts due from the petitioner to the respondent. At the time of admission, I passed the following interim order on 5.9.2011. “Admit. The learned standing counsel takes notice on behalf of the respondent. There would be a stay for one month of further proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, on condition that the petitioner pays ` 9 lakhs within that time. In the meanwhile, the bank shall file a statement in respect of the claim of the petitioner in the writ petition.” It is admitted by the counsel for the petitioner that the petitioner has not complied with the condition in the interim order. Therefore, the petitioner is not entitled to any further indulgence in the matter. In any event, it is settled W.P.(C)No.23994 of 2011 -2- law that the proceedings under the SARFAESI Act have to be challenged in an application under Section 17 of the Act before the Debts Recovery Tribunal. Without prejudice to that right, this writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/