IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 12726 of 2011(M) ----------------------- PETITIONER(S): ----------------------- 1. C.J.JOY, S/O. LATE JOSEPH, CHOVELIKUDIYIL HOUSE, 96, KARUVELIL ROAD, MAMANGALAM, EDAPALLY.P.O, KOCHI - 682 024. 2. LEENA JOY, W/O.C.J. JOY, CHOVELIKUDIYIL HOUSE, 96, KARUVELIL ROAD, MAMANGALAM, EDAPALLY.P.O, KOCHI - 682 024. 3. JOSEPH KIRAN, S/O.C.J. JOY, CHOVELIKUDIYIL HOUSE, 96, KARUVELIL ROAD, MAMANGALAM, EDAPALLY.P.O, KOCHI - 682 024. BY ADV. SRI. C.C. ABRAHAM RESPONDENT : ---------------------- THE FEDERAL BANK LTD., ERNAKULAM NORTH BRANCH, REPRESENTED BY ITS AUTHORISED OFFICER & MANAGER MR. AJITH KUMAR. BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 12726 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REPRESENTATION DATED 27/3/2010 SUBMITTED BY THE 1ST PETITIONER TO THE RESPONDENT. EXT.P2 : COPY OF THE REPRESENTATION DATED 6/10/2010 SUBMITTED BY THE 1ST PETITIONER TO THE RESPONDENT. EXT.P3 : COPY OF THE REPRESENTATION DATED 24/2/2011 SUBMITTED BY THE 1ST PETITIONER TO THE RESPONDENT. EXT.P4 : COPY OF THE BILL DATED 28/2/2011 ISSUED FROM THE LAKESHORE HOSPITAL. EXT.P4(a) : COPY OF THE BILL DATED 12/4/2011 ISSUED FROM THE LAKESHORE HOSPITAL. EXT.P5 : COPY OF NOTICE DATED 26/4/2011 ISSUED TO THE PETITIONERS BY THE COMMISSIONER APPOINTED IN CMP NO. 1121/2011 OF THE CJM'S COURT, ERNAKULAM. EXT.P6 : COPY OF THE ADVERTISEMENT PUBLISHED BY THE PETITIONERS IN MALAYALA MANORAMA DAILY DATED 19/2/2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No.12726 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of July, 2011. J U D G M E N T The petitioners are challenging proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated by the respondent-bank for recovery of loan amounts due from the petitioners. This Court granted an interim order on 3.5.11, which reads as follows: “There shall be an interim stay of further proceedings pursuant to Ext. P5 notice including dispossession of the petitioners of their property on condition that the petitioners pay Rs.10,00,000/- (rupees ten lakhs only) towards the amount demanded within a period of two months.” Admittedly, the petitioners have not complied with the directions in the interim order. It is settled law that persons aggrieved by orders under the the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, have to challenge the same before the Debt Recovery Tribunal as provided under the Act itself. Therefore, I am not inclined to entertain this writ petition under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/