IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 13040 of 2011(D) --------------------------------------- PETITIONER: ------------------- THARACHANDY ABDULLA, S/O. KUNHIMAYAN, KOLARI AMSOM, KALLUR DESOM, KEECHERI P.O., KANNUR DISTRICT. BY ADV. SRI.K.C.A.MUNEER. RESPONDENTS: ------------------------ 1. THE UNION OF INDIA, MATTANNUR BRANCH, REPRESENTED BY ITS MANAGER – 670 702. 2. THE AUTHORISED OFFICER, UNION BANK OF INDIA, REGIONAL OFFICE, 1ST FLOOR, K S H B COMPLEX, VIKAS NAGAR, EAST HILL ROAD, CHAKKOPRATHUKULAM, KOZHIKODE - 673 006. 3. K.P.SUMANGALAM, D/O. KUNHIKKANNAN,CHALIYANTAPARAMBIL, ILLAMMOOLA, MATTANNUR P.O – 670 702. 4. A.CHANDRASEKHARA PILLAI, CHALIYANTAPARAMBIL, ILLAMMOOLA, MATTANNUR P.O – 670 702. 5. O.PADMANABHAN, S/O. KRISHNAN NAIR, OTHAYOTH HOUSE, CHAVASSERY P.O – 670 708. R1 & R2 BY SRI. A.S.P. KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13040/2011-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE POSSESSION NOTICE ISSUED UNDER RULE 8 (1) OF THE RULES. EXT.P.2: COPY OF THE DEED OF ASSIGNMENT NO.2196/95 EXECUTED BY TARACHANDY NABEESUMMA IN FAVOUR OF THE PETITIONER. EXT.P.3: COPY OF THE DOCUMENT EXECUTED BY THE PETITIONER IN FAVOUR OF THE R.3. ON 17/05/2003. EXT.P.4: COPY OF THE DOCUMENT NO.138/2006 EXECUTED BY THE R.3. IN FAVOUR OF THE PETITIONER. EXT.P.5: COPY OF THE LAWYER NOTICE DTD. 19/09/2006 ISSUED BY THE R.1. EXT.P.6: COPY OF THE LAND TAX RECEIPT EVIDENCING PAYMENT OF BASIC TAX FOR THE YEAR 2009-10. EXT.P.7: COPY OF THE LAND TAX RECEIPT EVIDENCING PAYMENT OF BASIC TAX BY THE PETITIONER FOR THE YEAR 2011-2012. EXT.P.8: COPY OF THE RECEIPT EVIDENCING PAYMENT OF BUILDING TAX BY THE PETITIONER FOR THE HOUSE SITUATED IN THE PROPERTY FOR THE PERIOD FROM 2005-2009. EXT.P.9: COPY OF THE RECEIPT EVIDENCING PAYMENT BUILDING TAX FOR THE PERIOD FROM 2009 TO 2011. EXT.P.10: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE C.I OF POLICE, MATTANNUR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.13040 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th 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) Act. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks a direction to pay off the amounts in instalments. This is opposed by the counsel for the bank. It is pointed out that the petitioner has not complied with the interim orders in this writ petition. This court passed an interim order on 06.05.2011 directing the petitioner to pay an amount of Rs.1 lakh on or before 20.05.2011. The petitioner did not pay the same. In I.A. No.9279/2011 time was extended till 08.07.2011. Still the petitioner has not paid the amount. It is settled law that proceedings under the Act have to be challenged in an appeal as provided under the Act before the Debt Recovery W.P.(C)No.13040 of 2011 -2- Tribunal. The Hon'ble Supreme Court has time and again found fault with the High Courts for entertaining the writ petitions under Article 226 of the Constitution of India challenging proceedings under the Act without proper reasons. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India especially since the petitioner has not complied with the interim orders of this Court. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/