IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 37757 of 2010(T) -------------------------------------- PETITIONER(S): -------------------- RADHAKRISHNAN P.T., AJIL NIVAS (PUSHPAMANDIRAM), MANAPURAM P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.JOBY CYRIAC RESPONDENT(S): ------------------------ 1. THE AUTHORIZED OFFICER/CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE, S.B.T.BHAVAN-REGION-111, ZONAL OFFICE, PANAMPILLY NAGAR, ERNAKULAM-682036. 2. THE MANAGER, STATE BANK OF TRAVANCORE, THYCATTUSSERY BRANCH, ALAPPUZHA-688528. R1 & R2 BY ADV. SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.37757/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE DTD. 30.9.08 UNDER SEC. 13(2) OF THE SARFESI ACT. P2:- COPY OF THE NOTICE DTD. 12.11.2010 ISSUED BY THE ADVOCATE COMMISSIONER. P3:- GUIDELINES ISSUED BY R.B.I. DTD. 24.4.2008 (REPORTED IN 2008 (2) KLT CENTRAL STATUES PAGED 25). RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.37757 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of September, 2011 J U D G M E N T The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). This Court has passed two interim orders in this writ petition on 20.12.2010 and 17.01.2011 which read as follows: “ 20.12.2010 : Standing counsel for respondent Bank is directed to get instructions and to file a statement if so advised. There will be an interim stay against dispossession of the petitioner from the property on the basis of Ext.P2 notice if not already dispossessed for a period of three weeks subject to condition of the petitioner remitting a sum of Rs.1,00,000/- on or before 7.1.2011. Post on 10.1.2011. I.A. No.242/2011 dated 17.01.2011: Petitioner seeking extension of time for payment of balance on the basis that an amount of Rs.50,000/- (Rupees fifty thousand only) was already paid. Prayer is opposed by standing counsel. However, as a last chance time for payment of the balance amount is extended till 31.01.2011. Making it clear that no further extension will be granted under any circumstance and on failure the writ petition will be dismissed.” W.P.(C)No.37757 of 2010 -2- Admittedly the petitioner has not paid the entire amount. In view of the order dated 17.01.2011, I have nothing else to do except dismiss the writ petition. Even otherwise it is settled law that proceedings under the Act shall be challenged before the Debt Recovery Tribunal under Section 17 of the Act. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/