IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 15838 of 2011(D) -------------------------------------- PETITIONERS: --------------------- 1. VARIJASHAN.K.P,S/O.PADMANABHAN,AGED 52 YEARS, KALLUPURAYIDATHIL,THRIKKAPUZHA,PARUMALA P.O, MANNAR. 2. K.M.KAMALAMMA,W/O.VARIJASHAN, AGED 49, KALLUPURAYIDATHIL,THRIKKAPPUZHA, PARUMALA P.O,MANNAR. BY ADVS. SRI.RINNY STEPHEN CHAMAPARAMPIL, SMT.ASHA ELIZABETH MATHEW. RESPONDENTS: ------------------------ 1. NORTH MALABAR GRAMIN BANK,MANNAR BRANCH, PARUMALA P.O, THIRUVALLA TALUK, REP.BY ITS BRANCH MANAGER – 688 524. 2. REGIONAL MANAGER,NORTH MALABAR GRAMIN BANK LTD., ERNAKULAM- 682 011. R1 & R2 BY ADV. SRI DEVAN RAMACHANDRAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15838/2011-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PASS BOOK ISSUED BY THE R.1. IN RESPECT OF THE LOAN AVAILED BY THE P.1. EXT.P.2: COPY OF THE 2ND PASS BOOK ISSUED TO THE P.1. FROM THE R.1. BANK IN RESPECT OF THE LOAN FR RS.75,000/-. EXT.P.3: COPY OF THE NOTICE DTD. 20/11/2010 ISSUED BY THE R.1. TO THE P.1. EXT.P.4: COPY OF THE NOTICE DTD. 24/05/2011 ISSUED BY THE ADVOCATE COMMISSIONER TO THE P.1. EXT.P.5: COPY OF THE NOTICE DTD. 22/03/2010 ISSUED TO THE SRO, KADAPRA BY THE SECRETARY, KADAPRA GRAMA PANCHAYATH INTIMATING ABOUT THE SELECTION OF THE PETITIONERS UNDER THE EMS HOUSING SCHEME. EXT.P.6: COPY OF THE PASS BOOK ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONERS' DAUGHTER SOUMYA KRISHNAN. EXT.P.7: COPY OF THE DISABILITY CERTIFICATE ISSUED TO THE PETITIONERS' DAUGHTER SOUMYIA KRISHNAN, FROM THE GENERAL HOSPITAL, PATHANAMTHITTA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 15838 of 2011 ================== Dated this the 18th day of July, 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, initiated by the respondents for recovery of the loan amounts defaulted by the petitioners on the ground that the respondents have not complied with the mandatory procedure prescribed under the Act. I am of opinion that all these contentions have to be taken in an appeal to be filed before the Debts Recovery Tribunal as provided under the Act itself. Insofar as the petitioners do not dispute the fact of availing of the loan and the fact of non- payment, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioners 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 file an appeal before the Debts Recovery Tribunal. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge