IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 23781 of 2010(W) ---------------------------------- OS.438/2009 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER(S): ------------------- E.S.BABU, AGED 45 YEARS, S/O.SANKU, VALIYAPARAMBIL HOUSE, SAHAKARANA ROAD, PONURUNNI, POONITHURA, KANAYAUR, ERNAKULAM. BY ADVS. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE SRI.ABHISHEK KURIAN RESPONDENT(S): -------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NEW DELHI - 110 001. 2. M/S.FEDERAL BANK LTD., FEDERAL TOWERS, ALUVA - 683 101, REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE AUTHORISED OFFICER,M/S.FEDERAL BANK LTD., GIRINAGAR BRANCH, ERNAKULAM - 682 020. 4. JACOB P.JOHN, AGED 41 YEARS,S/O.JOHN, PUNNILATH HOUSE, VADAYAMBADI P.O., PUTHENCRUZ, ERNAKULAM - 682 038. 5. PHILOMINA JOHN, W/O.P.J.JOHN,PUNNILATH HOUSE, VADAYAMBADI P.O., PUTHENCRUZ, ERNAKULAM - 682 038. 6. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT - 682 308. R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI R3 BY ADV. SRI.M.V.MATHEW R6 BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 23781/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO.258/2007 DATED 15/01/2007 P2: COPYOF THE AGREEMENT DATED 27/07/2007 P3: COPY OF THE AGREEMENT DATED 15/03/2009 P4: COPY OF THE PLAINT, O.S.438/2009 P5: COPY OF DEMAND NOTICE DATED 09/01/2010 P6: COPY OF THE OBJECTION DATED 19/01/2010 MADE BY THE PETITIONER. P7: COPY OF POSSESSION NOTICE DATED 22/04/2010 P8: COPY OF THE REPRESENTATION DATED 27/04/2010 ADDRESSED TO THE 6TH RESPONDENT. P9: THE POSTAL RECEIPT WITH RESPECT TO THE SENDING OF REPRESENTATION ON 27/04/2010 P10: COPY OF THE ACKNOWLEDGEMENT CARD ON RECEIPT OF THE REPRESENTATION. RESPONDENT'S EXHIBITS: R2(a):COPY OF WRITTEN STATEMENT IN O.S.438/2009 ON THE FILE OF SUB COURT, ERNAKULAM. R2(b):COPY OF THE AMMENDED PLAINT IN O.S.438/2009. R2(c):COPY OF REPLY NOTICE /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 23781 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th day of July, 2011. J U D G M E N T The petitioner challenges proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. According to the petitioner, the petitioner is neither a borrower or a guarantor and therefore his properties cannot be proceeded against. The petitioner seeks the following reliefs: “i) To call for the records pursuant to Ext.P5 to Ext.P8 especially the orders and directions of 6th respondent and quash the same. ii) To stay further proceedings pursuant to Ext.P7 possessions notice. iii) To declare that Sec. 13(3A) of the SARFAESI Act is meant to consider the representations and objection raised by any claimant or interested party in the property in question. iii) To issue a writ of mandamus or any other writ, or directions to the 1st respondent to frame rules and regulations to avoid arbitrariness in recovery proceedings and to ensure Rule of Law and natural justice.” 2. Counsel for the 2nd respondent-bank who has initiated proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 contends that the bank has proceeded against the secured assets. I am of opinion that in view of the disputes the petitioner has to more appropriately raise his contentions in an appeal before the Debt Recovery Tribunal as provided under the W.P(C) No. 23781 of 2010 -: 2 :- Act itself. therefore, without prejudice to that right, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/