IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 17748 of 2010(P) --------------------------------------- PETITIONER: ------------------- HILDA FERNANDEZ, JOSEVIL, DEVI NAGAR, PEROORKADA, THIRUVANANTHAPURAM, REP.BY DR.SHAMNAD JALALUDEEN, GANI'S HOUSE, MANACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.TOM THOMAS (THRIKKAKARA). RESPONDENTS: ------------------------ 1. TAMIL NADU MERCANTILE BANK LTD., REP.BY ITS MANAGER, THIRUVANANTHAPURAM BRANCH. 2. L.A.XAVIER D'CRUZ, M/S.LENUS EXPORTS AND IMPORTS, REGETON, VALIYATHURA, THIRUVANANTHAPURAM. R1 BY ADVS. SRI.V.V.SURENDRAN, SMT.RESMI NANDANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17748/2010-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PLAINT IN O.S. NO. 137/10 PENDING BEFORE THE SUB COURT, TRIVANDRUM DTD. 28/01/2010. EXT.P.2: COPY OF THE PAPER PUBLICATION APPEARED IN THE KERALA KOUMUDI DAILY DTD. 06/05/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 17748 of 2010 ================== Dated this the 29th day of July, 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 loan amounts defaulted by the petitioner. This writ petition was admitted on 9.6.2010 and notice was ordered. Notice to the 2nd respondent has been returned with the endorsement, “no such address”. When the matter was taken up today, none appears for the petitioner. It is settled law that proceedings under the Act have to be challenged in an appeal before the Debts Recovery Tribunal. The Supreme Court has repeatedly frowned upon the High Courts entertaining writ petitions challenging proceedings under the Act. Therefore, without prejudice to the right of the petitioner to challenge the proceedings before the Debts Recovery Tribunal as provided under the Act, this writ petition is dismissed. Interlocutory application stands closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2