IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 OP (DRT).No. 979 of 2011(O) --------------------------- (S.A.NO.755/2010 OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM) PETITIONER/APPLICANT -------------------------------------- SILVY DAVIS, AGED 37 YEARS, W/O. DAVIS M.P., MEKATUKULAM HOUSE, VELLAPPAYA POST, THRISSUR DISTRICT. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): DEFENDANTS ------------------------- 1. AUTHORISED OFFICER, BANK OF MAHARASHTRA, (CENTRAL OFFICE 1501), SIVAJI NAGAR, LOKMANGAL, PUNE-411005, CHENNAI REGIONAL OFFICE, NO.4, SIVA NJANAM ROAD, T.NAGAR. 2. THE MANAGER, BANK OF MAHARASHTRA, BRANCH OFFICE, OPPOSITE SACRED HEART SCHOOL, CHEMBUKAVU, THRISSUR-680 000. THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- O.P(DRT) No.979 of 2011-O ---------------------------------------- Dated this the 17th day of March, 2011. J U D G M E N T Challenge is against proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is revealed that the petitioner had approached the Debt Recovery Tribunal invoking Section 17(1) and the Tribunal had passed an interim order insisting upon the petitioner to make payment of a sum of Rs.1,50,000/- in two instalments. Admittedly, the condition stipulated has not been complied with. It is submitted that the petitioner has preferred Ext.P3 application before the Tribunal seeking extension of time for complying with the condition. It is for the petitioner to move such petition before the Tribunal or to seek appropriate remedy. 2. Considering the pendency of the matter before the Debt Recovery Tribunal, it is not just and proper on the part of this Court to entertain this writ petition. In the result, the writ petition is dismissed without prejudice the rights of the petitioner to seek appropriate remedy before the Debt Recovery Tribunal. ab C.K.ABDUL REHIM, JUDGE