IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 922 of 2011(M)
1. T.K.VALSALA,
... Petitioner
Vs
1. THE AUTHORIZED OFFICER (CHIEF MANAGER),
... Respondent
2. THE MANAGER, SBT, POOVACHAL BRANCH,
For Petitioner :SRI.A.B.MOHANAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/01/2011
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 922 of 2011
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Dated this the 18th day of January, 2011
J U D G M E N T
The petitioner challenges proceedings under the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002, for recovery of the amounts due from the
petitioner to the respondent bank in repayment of the loan amounts
advanced by the bank. The learned counsel for the bank submits that
proceedings have been initiated after issuing Section 13(2) notice and
possession has already been taken by the bank pursuant to the orders
of the Chief Judicial Magistrate’s Court under Section 14 of the Act. It
is settled law that ordinarily this Court shall not entertain challenge
against the proceedings under the Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002,
and the parties should be relegated to the remedy by way of appeal
before the DRT. In the above circumstances, this writ petition is
dismissed without prejudice to the right of the petitioner to approach
the DRT, if she can do so at this point of time.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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