IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 22817 of 2011(B) -------------------------- PETITIONER(S): --------------- K.P.MOHAMMED, AGED 50 YEARS, S/O.AHAMMED KUTTY HAJI, PROPRIETOR, M/S.PALLIKKAL ENTERPRISE, PALLIKKAL HOUSE, PANTHARANGADI.P.O., TIRURANGADI-676 306. BY ADV. SRI.ZAKEER HUSSAIN RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER, SYNDICATE BANK, REGIONAL OFFICE, SHANMUGHAM ROAD, ERNAKULAM. 2. SYNDICATE BANK, KOTTAKKAL BRANCH, KOTTAKKAL-676 503, REPRESENTED BY ITS BRANCH MANAGER. R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 22817/22817/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE PAYMENT SLIP DTD.1.3.11. P2. COPY OF THE PETITION DTD.1.3.2011. P3. COPY OF THE SALE NOTICE DTD.8.7.11. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 22817 of 2011 ================== Dated this the 5th day of September, 2011 J U D G M E N T The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated by the respondents for recovery of the amounts due from the petitioner to them. As a condition for interim stay, I directed the petitioner to pay ` 3 lakhs within two weeks. Admittedly, the petitioner has only paid ` 1 lakh. For that reason alone, the petitioner is not entitled to any indulgence in the matter. Apart from that, it is settled law that proceedings under the Act have to be challenged in an application under Section 17 of the Act before the Debts Recovery Tribunal. Without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge