IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 8941 of 2008(M) ------------------------- PETITIONERS: -------------------- 1. R. BYJU, S/O.C.RAVEENDRAN NAIR T.C.9/2017 (1), SASTHAMANGALAM THIRUVANANTHAPURAM 2. BINI SEBASTIAN, W/O.R.BYJU T.C.9/2017 (1), SASTHAMANGALAM THIRUVANANTHAPURAM BY ADV. SRI.S.RAJASEKHARAN NAIR SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENTS: --------------------- 1. M/S. ICICI BANK, CORPORATE OFFICE ICICI BANK TOWERS, BANDRA - KURLA COMPLEX MUMBAI-400 051 2. MANAGER, ICICI BANK LTD., M.G.ROAD THIRUVANANTHAPURAM. 3. SHEEJA P.SANKAR, W/O.SREEDHARAN RESIDING AT HOUSE NO.140, MANGALAM LANE SASTHAMANGALAM, THIRUVANANTHAPURAM HAVING PERMANENT ADDRESS AT 'SREE BHADRA', PULIMOODU LANE VATTIYOORKAVU, THIRUVANANTHAPURAM. R2 BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8941 of 2008(M) APPENDIX PETITIONERS' EXHIBITS: P1 : COPY OF AGREEMENT DATED 5.12.2004 P2 : COPY OF RATION CARD PAGES 1 TO 2 P3 : COPY OF RECEIPT DATED 22.12.2004 ISSUED BY K.S.E.B. P4 : ELECTRICITY BILL DATED 22.02.2008 P4(A) : eLECTRICITY bILL RECEIPT DATED 4.2.2008 P5 : COPY OF WATER BILL DATED 7.12.2007 P5(A) : COPY OF RECEIPT DATED 4.1.2008 REGARDING PAYMENT OF WATER CHARGES. P6 : COPY OF DECREE IN O.S.642/2006 OF SUB COURT, THIRUVANANTHAPURAM. P7 : COPY OF ADVERTISEMENT PUBLISHED IN THE HINDU DATED 17.1.2008. RESPONDENTS' EXHIBITS: R2(A) : COPY OF THE DEMAND NOTICE DATED 21.8.2007. // TRUE COPY // P.A. TO JUDGE. app/- S. SIRI JAGAN, J. ============ WP(C) No.8941/2008 =============== Dated this the 17th day of August 2009. J U D G M E N T =========== The petitioners challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. They are tenants of third respondent who is the borrower liable to repay the loan amount taken from the respondents No.1 and 2. Notice to third respondent could not be served since the same has been returned with the postal endorsement “addressee left”. The question as to whether a financial institution can evict a tenant from the security asset without resort to proceedings under the Kerala Buildings (Lease and Rent Control) Act, has been settled by a Division Bench decision of this court. Although in another case the matter has been referred to a Full Bench, the petitioner has not taken in the writ petition a contention that the Kerala WP(C) No.8941/2008 2 Building Lease and Rent Control Act is not affected by the provisions of the securitisation Act and that the petitioners can be evicted only in accordance with the Rent Control Act. In any event, what is under challenge in this writ petition is only a notice under section 13(2). No final proceedings under section 13(4) has been produced by the petitioner. As and when section 13(4) proceedings are initiated either the petitioners or the third respondent can file an appeal before the Debt Recovery Tribunal as provided under the Act itself. Therefore without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE. app/-