IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 403 of 2010(A) ------------------------------------ PETITIONER(S): ----------------------- MATHEW MANUEL, PARAVILAYIL VEEDU, THEKKEMURI, EAST KALLADA P.O., KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR, SMT.P.LISSY JOSE. RESPONDENT(S): --------------------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD., STATE CO-OPERATIVE BANK BUILDING, OVER BRIDGE JUNCTION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE AUTHORISED OFFICER (REGIONAL MANAGER-IN-CHARGE), KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER, KOLLAM BRANCH, KERALA STATE CO-OPERATIVE BANK LTD., KOLLAM. R1 TO R3 BY ADV. SRI.NAGARAJ NARAYANAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 403 of 2010(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CIRCULAR NO.1/2009. EXT.P1(a): COPY OF THE CIRCULAR NO.5/2009. EXT.P2: COPY OF THE NOTICE DATED 02/12/2009 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 403 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2011 J U D G M E N T The petitioner challenges proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). This court passed the following interim order on 07.01.2010. “The respondents shall file a statement as to the actual facts and figures. The sale of the property scheduled to be held on 8.1.2010 will stand deferred on condition that the petitioner deposits a sum of Rs.1 lakh within one week, another sum of Rs.1 lakh within one week thereafter and get another sum of Rs.1 lakh within a further period of one week thereafter.” Subsequently the matter was referred to the Lok Adalat for attempting a settlement. Before the Lok Adalat the respondent Bank was present but the petitioner was absent. Therefore the Lok Adalat has returned the file to the Court. Admittedly, the petitioner has not complied with the directions in the interim order dated 07.01.2010. It is settled law that this court shall not ordinarily interfere with the proceedings under the SARFAESI Act and the parties W.P.(C)No. 403 of 2010 -2- should be relegated to the remedy by way of an appeal before the Debt Recovery Tribunal as provided under the Act. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner especially since the petitioner has not complied with the interim order of this Court. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/