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. 24390 of 2011(W) ------------------------------------- PETITIONER(S): ---------------------- 1. K.K.SUKUMARAN, S/O. KUTTAPPAN, KARIAKATTUKARA HOUSE, PUTHUR DESOM, ARANADUKARA VILLAGE, THRISSUR TALUK. 2. SHALINI SUKUMARAN, W/O. K.K.SUKUMARAN, KARIAKATTUKARA HOUSE, PUTHUR DESOM, ARANADUKARA VILLAGE, THRISSUR TALUK. BY ADV. SMT.SADHANA KUMARI ESWARI RESPONDENT(S): ------------------------ 1. THE AUTHORIZED OFFICER, TRICHUR DISTRICT CO-OPERATIVE BANK LTD., AYYANTHOLE BRANCH, TUDA ROAD, KOVILAKATHUMPADAM, THIRUVAMBADY P.O., THRISSUR-680 022. 2. TRICHUR DISTRICT CO-OPERATIVE BANK LTD., REP. BY ITS BRANCH MANAGER, AYYANTHOLE BRANCH, TUDA ROAD, KOVILAKATHUMPADAM, THIRUVAMBADY P.O., THRISSUR-680 022. BY ADV. SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.24390/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT.P1: COPY OF THE LETTER DATED 11/08/2011. EXHIBIT.P2: COPY OF THE POSSESSION NOTICE DATED 09/05/2011 ISSUED BY THE RESPONDENT.NO.1 RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE AV S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 24390 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of November, 2011. J U D G M E N T The petitioners have filed this writ petition challenging proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated by the respondents for recovery of loan amounts due from the petitioners. On 7.9.2011, I passed the following interim order: “There would be an interim stay of dispossession of the petitioners for a period of one month on condition that the petitioner pays Rs. 1,62,000/- within that time.” Admittedly, the petitioners have not complied with the directions in the interim order even after three months. In the above circumstances, the petitioners are not entitled to any further indulgence in the matter. Even otherwise, it is settled law that proceedings under the Act have to be challenged in an application under Section 17 of the Act before the Debt Recovery Tribunal . Therefore, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/