IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 13335 of 2008(K) -------------------------- PETITIONER: --------------- T.S.HABEEB RAHMAN, S/O.SAIDU HAJI, THARUPEEDIKAYIL HOUSE, PANANGAD DESOM, SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK, REPRESENTED BY POWER OF ATTORNEY P.A.ASHARAF, S/O.ABDUL RAHMAN, PAMBINEZHATH HOUSE, WEST ARAKULAM P.O., KODUNGALLUR, THRISSUR. BY ADV. SRI.S.MOHAMMED AL RAFI SRI.K.J.NASARUL ASLAM RESPONDENTS: ----------------- 1. UCO BANK, REPRESENTED AUTHORISED OFFICER, MATTANCHERRY, COCHIN. 2. BRANCH MANAGER, UCO BANK, MATTANCHERRY, COCHIN. 3. P.I.SAFIYA BEEVI, PROPRIETRIX, M/S.P.R.MILLS, VILLAPPILLY HOUSE, BUILDING NO.PMC/VII/278, M.C.ROAD, KANJIRAKAD, RAYONPURAM P.O., PERUMBAVOOR, PIN - 683 543. 4. V.P.LOVESY, S/O.P.I.SAFIYA BEEVI, M/S.P.R.MILLS, VILLPPILLY HOUSE, RAYONPURAM P.O., PERUMBAVOOR, PIN 683 543. 5. YOUSUF MEHRALI, S/O.SAITHU HAJI, THARUPEEDIKAYIL HOUSE, S.N.PURAM, P.O.PANANGAD, KODUNGALLUR. BY ADV. SRI.JOSEPH A.VADAKKEL FOR R.2 SRI.GEORGE KARITHANAM VARGHESE FOR R.2 SRI.M.A.GEORGE FOR R.2 SRI.V.J.JOHN FOR R.2 SRI.C.I.ABRAHAM FOR R.2 SRI.JOSE KURIAKOSE (VILANGATTIL) SRI.M.M.ALIAS FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.13335/2008 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGES OF PETITIONER'S PASSPORT. EXT.P2: COPY OF THE CERTIFICATE DATED 10.9.2005 ISSUED BY THE PETITIONER'S EMPLOYER IN SAUDI ARABIA. EXT.P3: COPY OF THE ORDER DATED 10.10.2003 IN O.S.No.1171/2002 ON THE FILE OF COURT OF MUNSIFF, KODUNGALLUR. EXT.P4: COPY OF THE COMPLAINANT IN C.M.P.No.2843/2008 ON THE FILE OF COURT OF JUDICIAL 1ST CLASS MAGISTRATE, KODUNGALLOOR. EXT.P5: COPY OF THE F.I.R. LODGED AGAINST THE ACCUSED PERSONS IN CRIME No.298/2008. EXT.P6: COPY OF THE POSSESSION DATED 17.03.2008 ISSUED BY THE 1ST RESPONDENT. TRUE COPY P.A.TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No.13335 of 2008 ================== Dated this the 24th day of July, 2008. J U D G M E N T The petitioner who was shown as a guarantor in the security documents for loan granted to respondents 3 and 4 by the 2nd respondent, is challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated by the respondents 1 and 2 against the petitioner for recovery the loan amount. According to the petitioner, the petitioner did not sign any security documents and respondents 3 and 4 with the Branch Manager of the 2nd respondent bank played a fraud in so far as at the time when the petitioner is stated to have signed the security documents, the petitioner was actually abroad for proving which he has produced photocopy of his passport. The petitioner therefore submits that no amounts are due from the petitioner as a guarantor of respondents 3 and 4 and therefore securitisation W.P(C)No.13335 of 2008 - 2 - proceedings are without jurisdiction. The petitioner also submits that the petitioner has filed a complaint in this matter before the police and the police have registered a case and investigation is going on. The petitioner submits that till that investigation is over the petitioner may not be proceeded against. After hearing, I am of opinion that the question as to whether there is any fraud in the matter can be decided only after taking evidence for that purpose for which the petitioner has to file a suit or an appeal before the Debt Recovery Tribunal, in which only such evidence can be taken. Therefore, without prejudice to the right of the petitioner to file a suit or an appeal before the DRT, this writ petition is dismissed. S.SIRI JAGAN, JUDGE rhs