IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 5150 of 2011(P) ------------------------------------- PETITIONER(S): ----------------------- VALSALA MURALIDHARAN, AGED 48 YEARS, W/O.MURALIDHARAN, AMMATH HOUSE, NETTISSERY POST, MUKKATTUKARA, THRISSUR. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): ------------------------- 1. AUTHORISED OFFICER, BANK OF MAHARASHTRA, REGIONAL OFFICE NO.4, SIVAGNANAM ROAD, T.NAGAR, CHENNAI - 6000 17. 2. BRANCH MANAGER, BANK OF MAHARASHTRA, THRISSUR BRANCH, TC 6/2427, CONVENT ROAD, OPPOSITE SACRED HEART SCHOOL, THRISSUR - 680 020. R1 & R2 BY ADV. SRI.BIJU BALAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.5150/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SECTION 13(2) NOTICE DTD. 13.7.2010. P2:- COPY OF THE POSSESSION NOTICE DTD. 26.9.2010. P3:- COPY OF THE SALE NOTICE DTD. 10.1.2011. P4:- COPY OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DAILY DT. 13.2.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.5150 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of September, 2011 J U D G M E N T The petitioner challenges proceedings initiated by the respondents under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for recovery of loan amounts due from the petitioner to the respondents. At the time of admission, this Court directed the petitioner to pay an amount of Rs.2,00,000/- as a condition for stay of further proceedings. The petitioner did not pay the same. In I.A.No.4652/2011, time for payment was extended till 28.03.2011. Today when the matter was taken up, the petitioner submits that the amount has not yet been paid. In the order dated 16.3.2011, this Court had specifically made it clear that no further extension would be granted under any circumstances and if the petitioner does not make payment, the writ petition will be dismissed. In any W.P.(C)No.5150 of 2011 -2- event, it is settled law that proceedings under the SARFAESI Act has to be challenged in proceedings under Section 17 of the Act before the Debts Recovery Tribunal. In the above circumstances, this writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/