IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 27100 of 2010(J) ------------------------------------ PETITIONER ----------------- K.P.SIRAJUDHEEN, S/O.K.P. AHAMMED, AGED 36 YEARS,CHALAKARA HOUSE,URDUR PO, PALLANCODU DESOM, ADOOR VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT. BY ADV. SRI. P.M. ZIRAJ RESPONDENT(S): ------------------------- 1. THE KASARAGOD DISTRICT CO-OPERATIVE. BANK LTD., KASARGOD DISTRICT. 2. THE VILLAGE OFFICER, ADOOR VILLAGE, KASARGOD DISTRICT. R1 BY ADV. SRI.M.SASINDRAN, SC, KASARGOD DIST.CO.BANK R2 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N C.K.ABDUL REHIM, J. -------------------------------------- W.P.(C).No.27100 of 2010 -------------------------------------- Dated this the 2nd day of September, 2010 J U D G M E N T ---------------------- Proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, against secured assets with respect to the loan transaction between the petitioner and the 1st respondent, is under challenge. According to the petitioner, the immovable property now being proceeded against is an agricultural land which is exempted from the purview of the SARFAESI Act. It is stated that challenging the proceedings the petitioner had already approached the Debts Recovery Tribunal, Ernakulam by filing S.A.No.413/2010. An interlocutory application was also filed in that O.A. seeking stay of the further proceedings. By Ext.P3 order of the Tribunal had passed an interim order dt. 24.6.2010 imposing a W.P.(C).27100/10 -2- condition on the petitioner for depositing a sum of Rs.1,00,000/- on or before 24.7.2010 and a further sum of Rs.1,00,000/- on or before 24.8.2010. It is admitted that the petitioner has not complied with the condition so far. Contention of the petitioner is that the proceedings initiated against the land is totally without jurisdiction. In support of his contention a certificate obtained from the Village Office is also produced which indicates that the land in question is Rubber and Arecanut plantation. 2. Whatever be the merits of the contentions, the issue is now pending adjudication before the statutory appellate authority. Further, the dispute pertains to a factual aspect. Interference by this court to restrain the proceedings under the SARFAESI Act, will be highly improper in such circumstances. Learned counsel for the petitioner submits that the balance outstanding will be about Rs.4,00,000/- only and the condition for payment of Rs.2,00,000/- imposed by the DRT is highly excessive and onerous. It is for the petitioner to move before that W.P.(C).27100/10 -3- Tribunal seeking appropriate modification or for extension of time for compliance of the conditions, if so advised. It is not proper for this court to interfere with the interim order passed by the Tribunal exercising its discretion. 3. Under the above circumstances the writ petition is dismissed without prejudice to rights of the petitioner if any available under law to approach the Debts Recovery Tribunal seeking modifications/extension of Ext.P3 order. C.K.ABDUL REHIM, JUDGE. okb