IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 26979 of 2009(N) --------------------------------------- PETITIONER(S): ----------------------- 1. THE DISTRICT CO-OPERATIVE BANK, ALAPPUZHA, REPRESENTED BY THE GENERAL MANAGER, HEAD OFFICE, ALAPPUZHA. 2. ALAPPUZHA DISTRICT CO-OPERATIVE BANK, KAYAMKULAM BRANCH, REPRESENTED BY THE BRANCH MANAGER, KAYAMKULAM. 3. SRI. O.A. AZEEZ, LOAN RECOVERY OFFICER, DISTRICT CO-OPERATIVE BANK, ALAPPUZHA. BY ADV. MR.P.K.VIJAYAMOHANAN, MR.GILBERT GEORGE CORREYA, MR.NISHIL.P.S., SMT.DHANYA P.ASHOKAN. RESPONDENT(S): ------------------------- 1. K. SREEDHARAN NAIR, KALIYEKKAL VEEDU, PUTHIYIDOM, KAYAMKULAM. 2. THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA, REPRESENTED BY ITS PRESIDENT. R2 BY GOVERNMENT PLEADER MR.BIJOY CHANDRAN. R1 BY ADV. MR.M.V.THAMBAN, MR.R.REJI, MR.B.BIPIN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 26979/2009-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTERED NOTICE DATED 13/07/2007 ISSUED BY THE BANK. EXT.P2: COPY OF THE NOTICE DATED 09/08/2007 WHICH WAS ACKNOWLEDGED BY THE PETITIONER ON 14/08/2007. EXT.P3: COPY OF THE NOTICE DATED 08/04/2009 ISSUED UNDER SECTION 13(2) OF THE ACT AGAINST THE FIRST RESPONDENT. EXT.P4: COPY OF THE NOTICE ISSUED IN FAVOUR OF THE WIFE OF THE FIRST RESPONDENT. EXT.P5: COPY OF THE COMPLAINT, THE AFFIDAVIT AND THE I.A. NO.66/2009 IN THE COMPLAINT NO.143/2009 FILED BY THE FIRST RESPONDENT BEFORE THE SECOND RESPONDENT. EXT.P6: COPY OF THE INTERIM ORDER DATED 01/04/2009 IN I.A.NO.66/2009 IN C.C. NO.143/2009. EXT.P7: COPY OF THE OBJECTION DATED 01/06/2009 FILED BY THE PETITIONERS TO THE INTERLOCUTORY APPLICATION. EXT.P8: COPY OF THE APPLICATION I.A. NO.98/2009 FILED BY THE ETITIONERS BEFORE THE SECOND RESPONDENT. EXT.P9: COPY OF THE I.A. PRAYING FOR ISSUING CERTIFIED COPY OF THE ORDER DATED 29/06/2009. EXT.P10: COPY OF THE JUDGMENT DATED 19/03/2009 IN WP(C) NO. 927/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.26979 OF 2009 ------------------------------ Dated this the 23rd day of November, 2009 J U D G M E N T ---------------------- 1. Heard counsel for the petitioners and counsel for the 1st respondent. This writ petition is filed seeking to quash proceedings pending before the 2nd respondent forum, which was initiated on the basis of Ext.P5 complaint filed by the 1st respondent. The petitioners are also challenging Ext.P6 interim order issued by the 2nd respondent forum. Ext.P5 complaint was instituted challenging the proceedings initiated by the petitioners under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 2. The question to be considered is whether the 2nd respondent forum has got jurisdiction to interfere with a proceedings initiated under the provisions of the SARFAESI Act. It is clear and evident from the provisions of the SARFAESI Act as well as the provisions contained in the Consumer Protection Act, that the 2nd respondent forum has no jurisdiction to interfere with the matter. Therefore the writ petition is disposed of quashing the proceedings pending before the 2nd respondent forum, evidenced by Ext.P5 complaint, numbered as C.C.143/09. W.P.(C).26979/09-N 2 3. It is made clear that quashing of the proceedings before the 2nd respondent forum will not in any way prejudice rights of the 1st respondent to challenge the proceedings initiated under the SARFAESI Act before the appropriate statutory forums. C.K.ABDUL REHIM, JUDGE. okb