IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WA.No. 61 of 2007 ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23987/2006 Dated 06/10/2006 .................... APPELLANT/ PETITIONER: ------------------------- P.M. KUKNJU BAVA, C/O.K.E. BASHEER, KUZHUPPIL HOUSE, MUDICKAL P.O., PERUMBAVOOR. BY ADV. SRI.WILSON URMESE RESPONDENTS/ RESPONDENTS: --------------------------- 1. THE HONGKONG AND SHANGHAL BANKING CORPORATION LTD., HARBOUR VIEW RESIDENCY, M.G. ROAD, ERNAKULAM, KOCHI-15, REPRESENTED BY ITS AUTHORIZED OFFICER. 2. DR. C.I.GEORGE, CHATHOLI HOUSE, LASTODIA, IRINJALAKKUDA, THRISSUR DISTRICT. ADV. SRI.VARGHESE.C.KURIAKOSE FOR R1 SRI.AUGUSTINE JOSEPH FOR R2 SRI.K.S.ROCKEY FOR R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & V.GIRI, J. =========================== W.A.No.61 of 2007 =============================== Dated this the 21st day of January, 2009. J U D G M E N T Koshy, Ag.CJ. According to the appellant, his property was sold while recovering amounts due to the bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. He contends that the above action is without notice and without jurisdiction and the amount realised from the sale proceedings was meagre and has no reflection to the market value. The learned Single Judge directed the petitioner to avail remedies under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the writ petition was not maintainable. We see no ground to interfere in the impugned judgment. Appellant has to file an application under Section 17 of the Act before the Debt Recovery Tribunal. However, we give three weeks' time to the appellant to file an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security W.A.No.61 of 2007 2 Interest Act, 2002 before the Debt Recovery Tribunal. If such an application is filed within three weeks from today, it should be considered on merits in accordance with law. The writ appeal is disposed of as above. J.B.KOSHY, ACTING CHIEF JUSTICE. V.GIRI, JUDGE. bkn/-