IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 6946 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------- 1. SMT.SUMA ALIAS SUSHAMA, W/O.KANDALAL, VADAKKEPOYANI, KARUMADI POST, ALAPPUZHA. 2. PURUSHAN, S/O.KUNHIKRISHNAN, VADAKKEPOYANI, KARUMADI POST, ALAPPUZHA. 3. SMT.SARADHA, W/O.PYURUSHAN, VADAKKEPOYANI, KARUMADI POST, ALAPPUZHA. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------------------- 1. THE AUTHORIZED OFFICER, ALLEPPEY URBAN CO-OPERATIVE BANK LTD. NO.A.67, CULLEN ROAD, ALAPPUZHA-688 011. 2. ALLEPPEY URBAN CO-OPERATIVE BANK LTD. NO.A.67, CULLEN ROAD, ALAPPUZHA-688 011 REPRESENTED BY ITS SECRETARY. R1 & R2 BY ADV. SMT.I.SHEELA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.6946/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE ISSUED TO THE PETITIONERS UNDER SEC.13(2) OF THE SARFAESI ACT. P2 COPY OF THE APPLICATION MADE BY THE RESPONDENT FOR GETTING AN ORDER UNDER SEC.14 OF THE SARFAESI ACT. P3 COPY OF THE ORDER PASSED BY THE CJM, ALAPPUZHA UNDER SEC.14 OF THE SARFAESI ACT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.6946 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2011 J U D G M E N T The petitioners challenge proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) initiated by the respondents for recovery of loan amounts due from the petitioners to the respondents. This court passed the following interim order on 07.03.2011: “Urgent notice on admission to respondents by speed post returnable within ten days. Meanwhile dispossession of the petitioners from the property shall be kept in abeyance, if not already dispossessed, subject to condition of the petitioners remitting a sum of Rs.50,000/- within three weeks from today.” The petitioners did not pay the amount within the time fixed. On 09.08.2011 the counsel for the petitioners took time to ascertain whether any amount has been paid by the petitioners. Today the learned counsel for the petitioners submits that, the petitioners have paid only an amount of Rs.20,000/- on 9.8.2011. This itself is disputed by the counsel for the bank. Whatever that be, the fact remains W.P.(C)No.6946 of 2011 -2- that the petitioners have not complied with the interim order of this court and the petitioners have also not filed any application for extension of time to comply with the interim order. It is settled law that the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) have to be challenged in an application under Section 17 of the Act before the Debt Recovery Tribunal. The Hon'ble Supreme Court has time and again discouraged High Courts from entertaining writ petitions challenging proceedings under the Act. In the above circumstances without prejudice to the right of the petitioners to file an application under Section 17 of the Act, if they can do so at this point of time, this writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/