K.V. Abdulla Haji vs State Bank Of Travancore on 13 April, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32734 of 2006(V)


1. K.V. ABDULLA HAJI, S/O.T.MAMMED,
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE,
                       ...       Respondent

2. THE AUTHORISED OFFICER,

                For Petitioner  :SRI.VARGHESE C.KURIAKOSE

                For Respondent  :SRI.SATHISH NINAN

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :13/04/2007

 O R D E R
                               S. SIRI JAGAN, J.

                      -----------------------------------

                       W.P.(C)NO. 32734 OF 2006

                   ---------------------------------------

            DATED THIS THE 13th DAY OF APRIL, 2007


                                    JUDGMENT

The petitioner is challenging proceedings under the Securitisation

and Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002. Purely as a matter of indulgence, this court has

granted the petitioner an order of stay on payment of part of the

amount. The petitioner did not comply with the same. In the above

circumstances, I am not inclined to entertain this writ petition for the

following reason.

It is settled law that proceedings under the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act has to be challenged in appeal before the Debt Recovery

Tribunal as provided under the Act itself and petition under Article 226

challenging the same cannot be ordinarily entertained. In view of the

said legal position, I am not inclined to entertain this writ petition and

accordingly the same is dismissed.

S. SIRI JAGAN, JUDGE

Acd