IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WA.No. 103 of 2009() ------------------------------ APPELLANT(S): PETITIONER ------------------------ MEENAKUMARI SUKU, W/O.SUKU, AGED 49 YEARS, KUNJUVALLIL HOUSE, CHERAVALLOOR P.O. THRISSUR DISTRICT. BY ADV. SRI.R.SUDHISH RESPONDENT(S): RESPONDENTS -------------------------- 1. THE AUTHORIZED OFFICER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, BHARATHAKSHEMAM BUILDING, ST.THOMAS COLLEGE ROAD, THRISSUR. 2. THE BRANCH MANAGER, STATE BANK OF INDIA, CHALAKUDY TOWN BRANCH, THRISSUR 3. MR.K.G.SUKU, AGED 50 YEARS, KUNJUVALLIL HOUSE, CHERAVALLOOR P.O., THRISSUR DISTRICT. ADV. SRI.K.K.CHANDRAN PILLAI FOR R1-2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy,Ag.C.J. & V. Giri, J. -------------------------------------- W.A. No. 103 of 2009 --------------------------------------- Dated this the 14th day of January, 2009 Judgment Koshy,Ag.C.J. Appellant/Petitioner is the principal debtor who borrowed money from the second respondent bank. Proceedings were taken by the first respondent authorised officer under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act). This Court by Ext.P2 judgment allowed the petitioner to remit the amount in instalments, but, only first instalment was paid and thereafter, it was not paid. Again, proceedings were taken. One of the contentions raised by the petitioner is that even the amount already paid was not taken into account. If any amount is paid by the petitioner, that should be taken into account even according to the petitioner. Second writ petition was dismissed as the proceedings under the SARFAESI Act cannot be adjudicated before this Court. Remedy of the petitioner lies in approaching before the Debt Recovery Tribunal. Therefore, we dismiss the writ appeal confirming the judgment of the learned single Judge. However, confirmation of W.A. No.103/2009 2 sale, if not already confirmed, should be made only after two weeks from today for enabling the appellant to approach the Debt Recovery Tribunal. J.B.Koshy Acting Chief Justice V. Giri Judge vaa W.A. No.103/2009 3 J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- W.A.No. /2006 ------------------------------------- Judgment Date:14th January, 2009