IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 25158 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ 1. B.PRATHAPACHANDRAN,AGED 50 YEARS, S/O.BHANU PANICKER,'REVATHY',TC 48/242, AMBALATHARA,POONTHURA POST, THIRUVANANTHAPURAM- 26. 2. RAJI V.S,W/O.PRATHAPACHANDRAN, 'REVATHY',TC 48/242, AMBALATHARA, POONTHURA POST, THIRUVANANTHAPURAM- 26. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): ---------------------------- THE FEDERAL BANK LIMITED PAPPANAMCODE BRANCH,MUSTAFFA TOWERS, PAPPANAMCODE POST, THIRUVANANTHAPURAM -695 018, REPRESENTED BY ITS AUTHORISED OFFICER. BY ADV.SRI.GEORGE VARGHESE,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25158/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE NOTICE DATED 9.6.2010 ISSUED BY THE IST RESPONDENT. EXHIBIT P2. TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3. TRUE COPY OF THE APPLICATION SUBMITTED BY THE IST RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P4. TRUE COPY OF THE AWARD OF THE LOK ADALATH DATED 6.11.2010. EXHIBIT P5. TRUE COPY OF THE JUDGMENT DATED 12.4.2011 IN WRIT PETITION NO. 11820/2011. EXHIBIT P6. TRUE COPY OF THE LETTER DATED 19.7.2011 ISSUED TO THE BANK BY THE PETITIONER. EXHIBIT P7. TRUE COPY OF THE LETTER DATED 26.7.2011 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P8. TRUE COPY OF THE LETTER ISSUED BY THE ADV.COMMISSIONER DATED 5.9.2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.25158 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of October, 2011 J U D G M E N T The petitioners challenge proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). On 22.09.2011, I passed the following interim order: “Admit. Standing Counsel takes notice for the respondent. The petitioners shall pay the entire balance amount due without reference to the Lok Adalath settlement which the petitioners have admittedly not fully complied with, within three weeks. The title deeds of the petitioners' property given as security shall be released to the petitioners within one week from the date of payment. Post after three weeks. In the meanwhile, dispossession of the petitioners shall be kept in abeyance.” 2. The learned counsel for the Bank submits that the petitioners have paid only Rs.2 lakhs and did not comply with the interim order. 3. It is settled law that proceedings under the SARFAESI Act have to be challenged before the Debts Recovery Tribunal under Section 17 of the Act. The Hon'ble W.P.(C)No.25158 of 2011 -2- Supreme Court has repeatedly held that ordinarily the High Courts shall not interfere with the proceedings under the SARFAESI Act in exercise of powers under Article 226 of the Constitution of India. In the above circumstances, this writ petition is dismissed without prejudice to the right of the petitioners to challenge the proceedings under Section 17 of the Act before the Debts Recovery Tribunal, if they can do so at this point of time. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/