IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 19329 of 2011(M) -------------------------- PETITIONER: ------------------ M/S.ANUGRAHA BUILDERS REP.BY ITS PARTNER NAMELY S.BALU, METRO COTTAGE,SASTRI NAGAR, KARAMANA, TRIVANDRUM-2 KERALA STATE BY ADV. SRI.NAIR AJAY KRISHNAN ADV.R.T.PRADEEP RESPONDENTS: ---------------------- THE AUTHORIZED OFICER, M/S.GIC HOUSING FINANCE LIMITED, CORPORATE OFFICE AT UNIVERSAL INSURANCE BUILDING 3RD FLOOR, SIR P.M.ROAD,FORT,MUMBAI-400001,HAVING ITS BRANCH AT NO-383,2ND FLOOR, JAYA COMPLEX,100 FEET ROAD,GANDHIPURAM, COIMBATORE-641012 ADV. SRI.T.R.RAJAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM WP(C).No. 19329 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LETTER OF SANCTION OF LOAN DATED 28-6-1997 P2 COPY OF THE COMMUNICATION DATED 08-08-2006 BY THE FINANCIER P3 COPY OF THE POSSESSION NOTICE DATD 04-07-2011 RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE MM S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.19329 OF 2011 ---------------------------------------------- Dated this the 10th day of October, 2011 JUDGMENT The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by the respondent for recovery of loan amounts due from the petitioner to the respondent. 2. It is settled law that proceedings under the Act has to be challenged before the Debt Recovery Tribunal under Section 17 of the Act. The Supreme Court has time and again cautioned High Courts against entertaining writ petitions under Article 226 of the Constitution of India challenging proceedings under the Act. In the above circumstances, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd