IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 16223 of 2011(C) ------------------------------------ OA.72/2011 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ------------------------ ASHATH WAHAB, NAISHAL, TC 20/1546, SASTHRI NAGAR, KARAMANA, THIRUVANANTHAPURAM. BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.T.K.ANANDA KRISHNAN SRI.JELSON J.EDAMPADAM RESPONDENT(S): ------------------------- 1. STATE BANK OF INDIA, REPRESENTED BY ITS AUTHORISED OFFICER, STRESSED ASSETS RESOLUTION CENTRE, LHO ANNEXE (WING-1), 1ST FLOOR, CHIL WELFARE COMPLEX, LMS COMPOUND, THIRUVANANTHAPURAM-695 033. 2. BRANCH MANAGER, STATE BANK OF INDIA, SARB THIRUVANANTHAPURAM, LAXMI, GANAPATHY KOIL ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN 695 102. R1 & R2 BY ADV. SRI.GEORGE THOMAS(MEVADA), SC, SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.16223/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION DTD. NIL SUBMITTED BY THE PETITIONER BEFORE THE BRANCH MANAGER, STATE BANK OF INDIA, THIRUVANANTHAPURAM FOR AVAILING AN EDUCATIONAL LOAN, UNDER THE GYAN JYOTHI LOAN SCHEME. P2:- COPY OF THE LETTER DTD. 22.8.1998 IF THE GENERAL MANAGER, STATE BANK OF INDIA, THIRUVANANTHAPURAM BRANCH. P3:- COPY OF THE STATEMENT OF ACCOUNT DTD. 6.12.2010. P4:- COPY OF THE NOTICE NO.SARC/TVM/SARF/10-11/32 DTD. 26.6.2010 ISSUED UNDER SECTION 13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002. P5:- COPY OF THE O.A. 72/2011 ALONG WITH DOCUMENTS FILED BY THE RESPONDENTS BEFORE THE DEBTS RECOVERY TRIBUNAL (KERALA). RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.16223 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 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 respondents for recovery of loan amounts due from the petitioner to the respondents. The counsel for the respondents points out that the petitioner has already approached the Consumer Disputes Redressal Forum which has not been disclosed in the writ petition. In any event, it is settled law that the petitioner's remedy against the proceedings under the Act is to file an application under Section 17 of the Act before the Debts Recovery Tribunal. In fact the Original Application filed by the Bank before the DRT is also pending. In the above circumstances, without prejudice to the right of the petitioner to seek his remedies W.P.(C)No.16223 of 2011 -2- before the DRT under Section 17 of the Act, this writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/