IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 13184 of 2010(W) ------------------------------------ CMP.4081/2009 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- MRS.MARGRET MARY MATHEW, W/O.ABRAHAM ZACHARIA, RESIDING AT T.C.8/1818, UDAYAGIRI NAGAR, THIRUMALA, THIRUMALA P.O., THIRUVANANTHAPURAM-695006. BY ADV. SRI.MATHEWS J.NEDUMPARA SRI.VADAKARA V.V.N.MENON RESPONDENT(S): ------------------------ 1. THE AUTHORIZED OFFICER, FEDERAL BANK LIMITED, PALAYAM BRANCH, THIRUVANANTHAPURAM. 2. THE FEDERAL BANK LTD., PALAYAM BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS BRANCH MANAGER. 3. THE FEDERAL BANK LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, HAVING THEIR HEAD OFFICE AT FEDERAL TOWERS, POST BAG NO. 103, ALUVA, KERALA 683101. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF BANKING, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI. R1 TO 3 BY ADVS. SRI.GEORGE VARGHESE (MANACHIRACKEL), SRI.P.R.MILTON. R4 BY ADV. SRI.GEORGE JOSEPH, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.13184/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER DTD. 7.2.08 SENT BY THE AGM OF THE 3RD RESPONDENT BANK TO THE PETITIONER. P2:- COPY OF THE NOTICE DTD. 2.3.2009 PUBLISHED BY THE IST RESPONDENT UNDER SECTION 13 (2) OF THE SECURITISATION ACT IN THE KERALA KAUMUDI VERNACULAR DAILY. P3:- COPY OF THE NOTICE DTD. 20.7.09 UNDER SECTION 13 (4) OF THE SECURITIZATION ACT, PUBLISHED BY THE IST RESPONDENT IN KERALA KAUMUDI VERNACULAR DAILY DTD. 24.7.2009. P4:- COPY OF THE INTERIM STAY ORDER DT.D 19TH OCTOBER 2009 PASSED BY THE DRT, ERNAKULAM ON IA. 2182/2009 IN SA,. 503/2009. P5:- COPY OF THE APPLICATION BY THE RESPONDENT BANK UNDER SEC. 14 OF THE SARFAESI ACT. P6:- COPY OF THE ORDER DTD. 8TH JANUARY, 2010 PASSED BY THE 5TH RESPONDENT IN CMP. 4081/2009 FILED BY THE IST RESPONDENT. P6(a):- COPY OF THE LETTER DT.D NIL SENT BY THE ADVOCATE COMMISSIONER TO THE SUB INSPECTOR OF POLICE, POOJAPPUA POLICE STATION, POOJAPPURA, TRIVANDRUM. P7:- COPY OF THE EXTENSION OF STAY ORDER DT.D 20.1.2010 PASSED BY THE DRT, ERNAKULAM ON IA. 2182/2009 IN SA. NO.503/2009. P8:- COPY OF THE ORDER DTD. 22.1.2010 IN CMP. 4081/2009 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No. 13184 OF 2010 ---------------------------------------------- Dated this the 26th day of September, 2011 JUDGMENT The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act for recovery of loan amounts due from the petitioner to the respondents. 2. The learned Standing Counsel for respondents 1 to 3 submits that the petitioner has already invoked the jurisdiction of the Debt Recovery Tribunal under Section 17 of the Act. 3. I am of opinion that the petitioner cannot prosecute two remedies parallely. In the above circumstances, without prejudice to the right of the petitioner to prosecute the application under Section 17 of the Act pending before the Debt Recovery Tribunal, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd