IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 37682 of 2008(J) -------------------------------------- PETITIONERS: --------------------- 1. THE BRANCH MANAGER, PUNJAB NATIONAL BANK, MULLAKKAL, ALAPPUZHA. 2. REGIONAL MANAGER, (PRESENTLY REDESIGNATED AS ASSISTANT GENERAL MANAGER), PUNJAB NATIONAL BANK, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.SURESH KUMAR. RESPONDENTS: ------------------------ 1. K.RADHAKRISHNAN, S/O.KOLAPPA PILLAI, LAKSHMI NIVAS, VELLAKINAR, ALAPPUZHA. 2. THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA. R1 BY ADVS. SRI.H.B.SHENOY, SRI.B.ASHOK SHENOY, SMT.LAKSHMI B.SHENOY, SRI.ABU MATHEW, SRI.SOBHAN GEORGE, SRI.THOMAS P.MAKIL, R2 BY GOVT. PLEADER SRI. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37682/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE PUBLISHED IN DESHABHIMANI DAILY DT. 11/08/2008. EXT.P.2: COPY OF THE PETITION DTD. 05/09/2008 FILED BY THE R.1. BEFORE THE R.2. EXT.P.3: COPY OF THE INTERIM ORDER DTD. 08/09/2008 IN I.A. NO. 191/2008 IN C.C. NO. 204/2008 PASSED BY THE R.2. EXT.P.4: COPY OF THE VERSION FILED BY THE PETITIONERS HEREIN IN C.C. NO. 204/2008 BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 37682 of 2008 ================== Dated this the 11th day of August, 2011 J U D G M E N T This writ petition is filed by the Branch Manager of Mullakkal Branch of the Punjab National Bank and its Regional Manager challenging Ext.P3 order of the Consumer Disputes Redressal Forum (CDRF), Alappuzha, in which, proceedings initiated by the petitioners against the 1st respondent under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, have been stayed and the petitioners have been injuncted from proceeding against the 1st respondent and his assets. The question as to whether the CDRF has jurisdiction to injunct banks and financial institutions from proceeding under the Act has been considered by me in W.P.(C).No.5957/2011 and I have held that the CDRF has no jurisdiction to entertain complaints involving proceedings under the Act. Accordingly, following that judgment, Ext.P3 is quashed. It is declared that the CDRF, Alappuzha, does not have jurisdiction to entertain C.C. No.204/2008, in which, Ext.P3 order has been passed. Accordingly, the CDRF, Alappuzha, shall remove C.C. No.204/2008 from its files. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge