IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 21155 of 2011(T) --------------------------------------- PETITIONER(S): ------------------------ PONNAMMA JOHN, W/O.A.JOHN, PONNI VILLA PONGALADY, PARANTHAL P.O,ADOOR,KERALA -689 501. BY ADV. SRI.K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------------------- 1. THE FEDERAL BANK LTD,PANDALAM BRANCH PATHANAMTHITTA DISTRICT REPRESENTED BY ITS CHIEF MANAGER.PIN-689 514 2. THE AUTHORIZED OFFICER, THE FEDERAL BANK LTD, REGIONAL OFFICE, PATHANAMTHITTA,PATHANAMTHITTA DISTRICT.PIN- 689 645. R1 & R2 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) SMT.LIZA P.CHERIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.21155/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COURSE CERTIFICATE ISSUED TO THE PETITIONER'S DAUGHTER, JINCY JOHN BY THE PRINCIPAL, ST.THERESA SCHOOL OF NURSING,MALLASANDRA, BANGALORE. P2 COPY OF THE STATEMENT OF ACCOUNT OF THE LOAN ACCOUNT OF JINCY JOHN ISSUED BY THE FIRST RESPONDENT BANK. P3 COPY OF THE EDUCATIONAL LOAN SCHEME GUIDELINES NO.RPCD.PLNFS.BC.NO.83/06.12.05/2000-01 DATED 28/04/2001 ISSUED BY THE RESERVE BANK OF INDIA TO ALL NATIONALIZED AND SCHEDULED BANKS. P4 COPY OF THE CIRCULAR NO.RBI/2009-10/396 RPCD.SME&NFS.BC.NO.69/06.12.05/2009-10 DATED 12/04/2010 ISSUED BY RESERVE BANK OF INDIA TO ALL BANKS. P5 COPY OF THE ISSUED NOTICE DATED 28/01/2011 UNDER SECTION 13(2)OF THE SARFAESI ACT ISSUED BY THE SECOND RESPONDENT BANK TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 21155 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th day of August, 2011. J U D G M E N T After arguing for some time, when the Court expressed the opinion that the petitioner can contest the matter on merits only by approaching the Debt Recovery Tribunal under Section 17 of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the learned counsel for the petitioner submits that the petitioner's rights may be reserved for approaching the Debt Recovery Tribunal. Accordingly, the writ petition is dismissed without prejudice to the right of the petitioner to file an application under Section 17 of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 challenging the proceedings initiated by the Bank under the Act. Sd/- S. Siri Jagan, Judge. Tds/