IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 23199 of 2011(Y) ------------------------------------ PETITIONER(S): -------- --------------- SHAJI.K.K., KALLADAPOYYIL HOUSE, PARAPPANPOYYIL (PO), KOZHIKODE DT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): -------- --------------- 1. AIG HOME FINANCE INDIA LTD., 1ST FLOOR, MNS AVENUE, OPP.YMCA, NEAR 4TH RAILWAY GATE, KANNUR ROAD, KOZHIKODE 673 001, REP. BY ITS MANAGER. 2. THE AUTHORISED OFFICER, AIG HOME FINANCE INDIA LTD., IST FLOOR, MNS AVENUE, OPP.YMCA, NEAR 4TH RAILWAY GATE, KANNUR ROAD, KOZHIKODE-673 001. R1 & R2 BY ADV. SRI.RAJESH THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 23199 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: P1 : A TRUE COPY OF LETTER OF OFFER DTD 13/05/2005. P2 : A TRUE COPY OF POSSESSION NOTICE SENT BY THE 1ST RESPONDENT. P3 : A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY/ P.A TO JUDGE STU S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.23199 OF 2011 ---------------------------------------------- Dated this the 10th day of October, 2011 JUDGMENT The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by the respondents for recovery of loan amounts due from the petitioner to the respondents. At the time of admission on 25.8.2011 this Court passed the following interim order: “Admit. Urgent notice. There will be a direction to the respondents not to dispossess the petitioner from his residential building for a period of two months on condition that the petitioner remits an amount of Rs.30,000/- within one month from today.” 2. The learned Standing Counsel for the respondents submits that the condition in the interim order has not been complied with. 3. It is settled law that proceedings under the Act has to be challenged before the Debt Recovery Tribunal under Section W.P.(C)No.23199/11 2 17 of the Act. The Supreme Court has time and again cautioned High Courts against entertaining writ petitions under Article 226 of the Constitution of India challenging proceedings under the Act. In the above circumstances, without prejudice to the right of the petitioner to challenge the proceedings under the Act before the Debt Recovery Tribunal, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.23199/11 3