IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 4335 of 2011(N) ------------------------------------- PETITIONER(S): ----------------------- BASHEER M.K., AGED 48 YEARS, S/O.KUTTIAIMU PROP.M/S.SADHIYA LEATHER, MUKKIYATH KARUPPUM VETTIL P.O., EDAKAZHIYUR, CHAVAKKAD, THRISSUR. BY ADV. SRI.RAJIT RESPONDENT(S): ------------------------- 1. THE AUTHORISED OFFICER, BANK OF MAHARASHTRA, CHENNAI REGIONAL OFFICE, RECOVERY DEPARTMENT, NO.4 SIVAGNANAM ROAD, T.NAGAR, CHENNAI-17. 2. BANK OF MAHARASHTRA, THRISSUR BRANCH, T.C.6/2427 CONVENT ROAD, OPP. SACRED HEART SCHOOL, THRISSUR-680 020. R2 BY ADV. SRI.BIJU BALAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss WPC NO. 4335/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE AX48/LEGAL/SEC/TRISSUR/SADHIYA LEATHER/2010 DTD. 13.7.2010 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P2:- COPY OF THE NOTICE DT.D 10.1.2011 ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 4335 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th day of October, 2011. J U D G M E N T The petitioner challenges proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated by the respondents for recovery of loan amounts due from the petitioner to the respondents . 2. At the time of admission on 10.2.2011, this Court passed the following interim order: “Confirmation of sale, if any, takes place on the basis of Ext.P2 shall be deferred subject to condition of the petitioner remitting a sum of Rs. 2,50,000/- within three weeks from today.” Admittedly, the petitioner has not complied with the condition in the interim order. It is settled law that proceedings under the Act have to be challenged before the Debt Recovery Tribunal under Section 17 of the Act, if any person is aggrieved by the proceedings. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/