IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 4813 of 2005(W) ----------------------------------- PETITIONER(S): ----------------------- A. RAFEEKA BEEVI, PATERIPARAMBIL, KUTHIRAPANTHYWARD, ALAPPUZHA. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): ------------------------ 1. BANK OF INDIA, ZONAL OFFICE, KERALA ZONE, KALOOR TOWERS, KALOOR-KADAVANTHARA ROAD, COCHIN-682 017. 2. BANK OF INDIA, MULLAKKAL BRANCH, ALAPPUZHA. BY ADV. SRI. DEVAN RAMACHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.4813 of 2005 ================== Dated this the 16th day of October, 2008. J U D G M E N T The petitioner is challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated by the respondents for recovery of loan amounts due from the petitioner to the bank. The proceedings were initiated as early as on 5.2.2005 and the writ petition was filed on 9.2.2005. This Court did not grant any interim order in the writ petition. As such Ext.P1 would have attained finality by further proceedings in accordance with the Act. In any event it is settled law that proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act has to be challenged before the Debt Recovery Tribunal in an appeal as provided under that Act. For all the above reasons, I am not inclined to entertain this writ petition and accordingly, the same is dismissed. S.SIRI JAGAN, JUDGE rhs