IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 22713 of 2011(L) -------------------------- PETITIONER(S): --------------- INDIAN OVERSEAS BANK, ALAPPUZHA BRANCH, REPRESENTED BY ITS CHIEF MANAGER, SRI.V.RAJAGOPAL, S/O.V.VASU, AGED 59 YEARS. BY ADV. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR SMT.BABITHA THAMBI RESPONDENT(S): --------------- M/S.UTHAMAN PETROLEUM, KATTOOR P.O., KALAVOOR, ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER, JOMON JOHN. ADV. SRI.R.SUNIL KUMAR FOR R1 SMT.A.SALINI LAL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 22713/11 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMPLAINT DT 22.7.11. P2 COPY OF THE IA DT 22.7.11 P3 COPY OF THE INTERIM ORDER DT 23.7.11 // True Copy // P.S. To Judge S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 22713 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of September, 2011. J U D G M E N T The petitioner is a bank. They initiated proceedings against the respondent under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the respondent. The respondent filed a complaint before the Consumer Disputes Redressal Forum (CDRF), Alappuzha challenging the action of the bank, In that, the Consumer Disputes Redressal Forum passed Ext.P3 interim order, whereby the CDRF restrained the bank from converting the account of the respondent as a non-performing asset. That is under challenge in this writ petition. 2. The respondent appears through counsel and seeks time. I am not inclined to grant time because the matter is squarely covered by a decision of this Court reported in Punjab National Bank v. Consumer Disputes Redressal Forum, 2011(3) KLT 616, wherein it has been categorically held that the Consumer Disputes Redressal Forum has no jurisdiction to entertain disputes in relation to matters coming under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In that decision, I have considered all aspects of the matter and held that the jurisdiction of the Consumer Disputes Redressal Forum to deal with matters coming under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been expressly excluded. In fact, apart from that W.P(C) No. 22713 of 2011 -: 2 :- decision, I have dealt with another case also, wherein also, following the above said decision, I held that the Consumer Disputes Redressal Forum does not have jurisdiction in matters coming under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The learned counsel for the petitioner supplements that another learned Judge of this Court has also come to the same conclusion in H.D.F.C. Bank Ltd. v. Consumer Dispute Redressal Forum, 2011(2) KLT 132. He points out that in W.P(C) No. 20143/2011 in relation to jurisdiction of Banking Ombudsman also, I have come to the same conclusion. Insofar as I have already held that the Consumer Disputes Redressal Forum does not have jurisdiction to entertain disputes relating to proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Ext.P3 order passed by the Consumer Disputes Redressal Forum, Alappuzha is clearly without jurisdiction . Accordingly, Ext.P3 is quashed. The Consumer Disputes Redressal Forum, Alappuzha is directed to remove C.C. No. 257/2011 from its files insofar as the Forum has no jurisdiction to deal with the same. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/