IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12768 of 2007(T)
1. ABDUL AZEEZ.K,S/O SAIDU MOHAMMED,
... Petitioner
Vs
1. AUTHORISED OFFICER,
... Respondent
For Petitioner :SRI.P.RAMACHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/06/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)NO. 12768 OF 2007
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DATED THIS THE 15th DAY OF JUNE, 2007
JUDGMENT
The petitioner challenges proceedings initiated by the
respondents under the Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002. I had granted
an interim stay of further proceedings till 15.6.07 on condition that the
petitioner pays an amount of Rs.1,00,000/- (Rupees one lakh only)
within one month. It is reported by the learned counsel for the
respondent that the petitioner has not complied with the said direction.
In the said circumstances the writ petition itself was finally heard.
2. It is settled law that the appropriate remedy available to
the petitioner to challenge the proceedings under the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security
Interest Act is filing an appeal before the Debt Recovery Tribunal as
provided under the Act itself. The Supreme Court of India has held
that this Court shall not ordinarily in exercise of powers under Article
226 of the Constitution of India interfere with the proceedings under
the Act. The petitioner has not been able to show any special
circumstances which would warrant interference of this Court also.
W.P.(c)No.12768/07 2
In the above circumstances, I am not inclined to entertain this
writ petition and accordingly, without prejudice to the right of the
petitioner to file an appeal as provided under the Act, this writ
petition is dismissed.
S. SIRI JAGAN, JUDGE
Acd