IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 7548 of 2011(P) -------------------------------------- PETITIONER(S): ------------------------ SAINUDHEEN, S/O.PAREEKKUTTI HAJI, OTTUPARA HOUSE, AMAYAOOR.P.O., PALAKKAD DIST. BY ADV. SRI.C.K.RAMAKRISHNAN RESPONDENT(S): --------------------------- THE FEDERAL BANK LTD., REGISTERED OFFICE, ALWAYE, KERALA.PIN-683 101 BY ADV. SRI.MOHAN JACOB GEORGE,SC SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.7548/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE POSSESSION NOTICE DATED 24/11/2010. P2 COPY OF THE STATEMENT OF ACCOUNT DATED 5/2/2011. P3 COPY OF THE RECEIPT OF RS.99,000/- DATED 7/2/2011. P4 COPY OF THE RECEIPT OF RS.34,000/- DATED 5/2/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 7548 of 2011 ================== Dated this the 11th day of July, 2011 J U D G M E N T The petitioner is challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the Act”). This is opposed by the learned counsel for the bank. He submits that the petitioner has not paid any amounts so far. It is settled law that proceedings under the Act have to be challenged in an appeal before the Debts Recovery Tribunal. The Supreme Court has repeatedly frowned upon the High Courts entertaining writ petitions challenging proceedings under the Act. Therefore, this writ petition is dismissed without prejudice to the right of the petitioner to challenge the proceedings appropriately. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge