IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 27440 of 2011(D) ------------------------------------ PETITIONER(S): ----------------------- FATHIMA ASLAM, D/O.KUNJI MOOSA, AGED 60, F/3, SARANYA APPARTMENTS, ELAMKULAM, ERNAKULAM. REPRESENTED BY HER POWER OF ATTORNEY HOLDER, K.A.RAZIK, AGED 45, S/O.P.A.KADER, DI J.K ROYAL HOUSE, KALOOR, COCHIN. BY ADV. SRI.K.R.VINOD RESPONDENT(S): ------------------------- 1. THE AUTHORISED OFFICER, THE ORIENTAL BANK OF COMMERCE, M.G ROAD, TRIVANDRUM -1. 2. THE ORIENTAL BANK OF COMMERCE, REP.BY ITS AUTHORISED OFFICER, M.G ROAD, TRIVANDRUM -1. 3. SUJA RIA RANI, D-1, J.K ROYAL HOUSE, CHAMMANI ROAD, KATHRIKADAVU, KALOOR, ERNAKULAM-682 017. R1 BY ADVS. SRI.P.BALAKRISHNAN SRI.N.SASI SRI.SAJI.P.JOSEPH SMT.T.M.BINITHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM WP(C).No. 27440 of 2011(D) ------------------------------------------- APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE POWER OF ATTORNEY DATED 28.08.2010 P2 : COPY OF THE NOTICE ISSUED TO THE PETITIONER UNDER SECTION 13(4) OF THE SRFAESI ACT BY THE 2ND RESPONDENT DATED 11.03.2010. P3 : COPY OF THE DELIVERY NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 10.10.2011. RESPONDENT'S EXHIBITS: R1 : COPY OF THE STATEMENT OF ACCOUNT DATED 17.10.2011. /TRUE COPY/ PA TO JUDGE RKM S.SIRI JAGAN, J. ================== W.P.(C).No. 27440 of 2011 ================== Dated this the 14th day of November, 2011 J U D G M E N T The petitioner is a surety for the amounts due to respondents 1 and 2 from the 3rd respondent. The 3rd respondent defaulted repayment of the amounts due. Respondents 1 and 2 have initiated proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. That is under challenge in this writ petition. 2. On 24.10.2011, I passed the following order: “The learned counsel for the petitioner submits that the petitioner is prepared to pay ` 12 lakhs within two weeks to show the bonafides of the petitioner. Post after two weeks. Interim order dated 17.10.2011 would continue till then.” 3. The learned counsel for the bank submits that the petitioner has not paid the amount as promised. I find that the 3rd respondent had earlier approached this Court by filing W.P.(C). Nos.4439 and 4522 of 2011 in respect of the same subject matter. Those writ petitions were dismissed by judgment dated 14.3.2011. In the above circumstances, I do not think that this Court can further show any indulgence to the petitioner. 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 Debts Recovery Tribunal. In the above circumstances, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge - : 2 :-