IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 7953 of 2011(T) ----------------------- PETITIONER : --------------------- K.PRADEEPAN, AGED 42 YEARS, S/O.LATE SANKARAN, KOROTH HOUSE, KOORARA PO, KANNUR DISTRICT. BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA SMT.N.K.SHEEBA RESPONDENT : ---------------------- THE INDIAN BANK, KANNUR BRANCH, FORT ROAD, KANNUR, REP.BY ITS AUTHORIZED OFFICER UNDER SARFAESI ACT- 670 001. BY ADV. SRI.S.EASWARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 7953 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF NOTICE U/S 13(2) OF THE ACT DATED 4/8/2010 ISSUED AGAINST THE PETITIONER. EXT.P2 : PHOTOCOPY OF NOTICE UNDER SECTION 13(4) OF THE ACT DATED 13/10/2010 . EXT.P3 : PHOTOCOPY OF THE ORDER IN WP(C) NO. 32084/2010 DATED 1/11/2010 BEFORE THIS HON'BLE COURT. EXT.P4 : PHOTOCOPY OF THE RECEIPT DATED 30/11/2010. EXT.P5 : PHOTOCOPY OF THE RECEIPT DATED 7/1/2011. EXT.P6 : PHOTOCOPY OF THE RECEIPT DATED 10/1/2011. EXT.P7 : PHOTOCOPY OF THE ACCOUNT PASS BOOK DATED 11/3/2008 ISSUED IN FAVOUR OF THE PETITIONER. EXT.P8 : PHOTOCOPY OF THE STATEMENT OF ACCOUNTS DATED 21/2/2011. EXT.P9 : PHOTOCOPY OF THE SALE COME AUCTION NOTICE PUBLISHED UNDER RULE 6(2) AND 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES DATED 21/2/2011. RESPONDENT'S EXHIBITS: EXT.R2(a) : COPY OF THE STATEMENT OF ACCOUNT IN S.B. ACCOUNT NO. 765254387 OF THE PETITIONER. EXT.R2(b) : COPY OF THE APPLICATION CUM DECLARATION OF GOOD HEALTH AND CONSENT LETTER DATED 18.4.2008 SIGNED BY THE PETITIONER. EXT.R2(c) : COPY OF THE STATEMENT OF ACCOUNT RELATING TO THE HOUSING LOAN ACCOUNT OF THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.7953 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th 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) by which the respondent took proceedings for recovery of loan amounts defaulted by the petitioner. This Court passed an interim order on 17.03.2011 which reads as follows: “Standing counsel is directed to get instructions. Confirmation of sale if any takes place on the basis of Ext.P9 shall be kept in abeyance, subject to condition of the petitioner submitting a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only) within 3 weeks from today.” Again in I.A. No.6878/2011, this Court passed the following interim order: “Extension sought for in this application is opposed. However, since it is submitted that an amount of Rs.1,00,000/- has already been paid, time for payment of the balance amount is extended till 30.04.2011. If payment as directed above is made, the interim order will continue till 31.05.2011 subject to condition of the petitioner remitting a further sum of Rs.1,50,000/- on or before 25.05.2011.” It is admitted by the counsel for the petitioner that the W.P.(C)No.7953 of 2011 -2- interim order has not been complied with. I have heard the learned standing counsel for the Bank also. I do not think that this court can come to the assistance of a person who would not comply with the interim orders passed by this Court in his favour in exercise of a discretionary jurisdiction. In any event, it is settled law that proceedings under the SARFAESI Act have to be challenged before the Debt Recovery Tribunal in an appeal. In fact the Hon'ble Supreme Court has repeatedly frowned upon the High Courts entertaining writ petitions challenging the proceedings under the SARFAESI Act. In the above circumstances, the remedy of the petitioner lies in filing an appeal before the Debt Recovery Tribunal. Without prejudice to that right, this writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE