IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 8127 of 2011(M) ------------------------------------ PETITIONER(S): ----------------------- BABY SHIJA, 46 YEARS, D/O. THANKAPPAN.K., BAIJU SADANAM, NEAR BLOCK OFFICE, AGASTYACODE, ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.A.F.SEBASTIAN RESPONDENT(S): ------------------------- 1. THE CANARA BANK, REP. BY THE AUTHORISED OFFICER, ANCHAL.P.O., KOLLAM DISTRICT. 2. THE KHADI & VILLAGE INDUSTRIES COMMISSION, 'GRAMODAYA', M.G.ROAD, THIRUVANANTHAPURAM-695001. REP. BY ITS STATE DIRECTOR. BY ADV. SRI.P.GOPINATH MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.8127 of 2011 ------------------------------- Dated this the 17th day of March, 2011. J U D G M E N T It is evident from Exts.P6 to P10 interim orders as well as the applications filed before the Debt Recovery Tribunal, that the petitioner had already invoked jurisdiction vested on the Tribunal under section 17(1) and that the Tribunal had passed interim orders restraining further proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 2. Considering pendency of the matter before the Tribunal in the statutory proceedings, it is not proper and justifiable on the part of this Court to entertain a parallel proceedings, that too invoking jurisdiction under Article 226. 3. Hence, the writ petition is dismissed without prejudice to the rights of the petitioner to pursue the matter before the DRT. C.K.ABDUL REHIM, Judge ami/