IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 3217 of 2009(G) ------------------------------------- PETITIONER: ------------------- A.VINCENT, S/O.ANDREWS, STALIN VILLA (VALIYA KANDAKATTIL), MANGAD P.O., KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL. RESPONDENTS: ------------------------ 1. THE AUTHORISED OFFICER, DEWAN HOUSING FINANCE CORPORATION LIMITED, PARAMESWARA TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 023. 2. THE MANAGER, DEWAN HOUSING FINANCE CORPORATION LIMITED, PARAMESWARA TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 023. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3217 of 2009-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009. JUDGMENT 1.The petitioner is one among the co-obligants of a transaction that has led to Ext.P7 possession notice under Section 13(4) of the SERFAESI Act read with Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 issued on 17-1-2009. The petitioner is, therefore, well within time to move the DRT under Section 17 of that Act. 2.The dispute appears to be that certain remittances made by the petitioner have not been given due credit to and that the petitioner is prepared to pay off the remaining actual outstandings within a short time frame. This is a matter which would be well within the jurisdiction of the DRT. It is also contended by the petitioner that the respondents are not WP(C)3217/2009 -: 2 :- entitled to invoke the provisions of the SARFAESI Act since the creditor is not an institution notified for the purpose of that Act. This is also a matter that could be looked into by the DRT. It is inappropriate for the writ court to enter on an adjudication as to whether due credits have been given and the amount fixed in the possession notice has been duly arrived at. In the aforesaid circumstances, this writ petition is dismissed preserving liberty of the petitioner to move the DRT in terms of Section 17 of the SARFAESI Act. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120209