IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 13591 of 2011(Y) --------------------------------- PETITIONER(S): ------------------- GANGA DEVI.R., SREE RAGAM, PULLIKANKAKKU.P.O., KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------------- THE AUTHORISED OFFICER, ICICI BANK LIMITED, IST FLOOR, T.C.25/2491, OPP. LIC BUILDING, PULIMOODU JUNCTION, THIRUVANANTHAPURAM - 695 001. BY ADVS. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.P.MURALEEDHARAN (THURAVOOR) SRI.V.R.REKESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13591/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DATED 22/06/2010 ISSUED BY THE RESPONDENT. P2: COPY OF THE NOTICE DATED 05/05/2011 ISSUED BY ADVOCATE COMMISSIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.13591 OF 2011 ---------------------------------------------- Dated this the 27th day of July, 2011 JUDGMENT The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by the respondent for recovery of loan amounts due from the petitioner to the respondent. This Court passed the following interim order on 17.5.2011; “Admit. Learned standing counsel takes notice for the respondent. There will be an interim order to keep in abeyance all proceedings to dispossess the petitioner for a period of one month in case the petitioner pays an amount of Rs.2,00,000/- within three weeks. In case the petitioner has already been dispossessed, possession shall be restored to the petitioner on payment of the aforementioned amount”. The petitioner did not comply with the said direction. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. In any event, the remedy of the petitioner lies in filing an appeal before the Debt Recovery Tribunal as provided in the Statute. Without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd