Sabir vs Village Officer on 3 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 255 of 2008(E)


1. SABIR, AGED 24 YEARS, S/O.ABDUL AZEEZ,
                      ...  Petitioner

                        Vs



1. VILLAGE OFFICER, ALAMCODE, TRIVANDRUM.
                       ...       Respondent

2. LIC HOUSING FINANCE LTD., 2ND FLOOR,

3. AUTHORISED OFFICER, LIC HOUSING FINANCE

                For Petitioner  :SRI.RAJIT

                For Respondent  :SRI.R.S.KALKURA

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :03/06/2008

 O R D E R
                         S.SIRI JAGAN, J.
                   ==================
                     W.P.(C).No.255 of 2008
                   ==================
               Dated this the 3rd day of June, 2008

                          J U D G M E N T

The petitioner is challenging the proceedings under

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002, initiated by the

respondents for non-payment of loan amounts due from the

petitioner to the 2nd respondent. At the time of admission, I had

directed the petitioner to pay an amount of Rs.3,50,000/- as a

condition for granting stay. The counsel for the 2nd respondent

submits that the petitioner has not paid that amount. It is

settled law that proceedings under the Act have to be challenged

in appeal before the Debts Recovery Tribunal as provided under

Section 17 of the Act. Therefore, without prejudice to the right of

the petitioner to file an appeal before the Debts Recovery

Tribunal, if he can do so at this point of time, this writ petition is

dismissed.

Sd/-

sdk+                                         S.SIRI JAGAN, JUDGE
           ///True copy///




                            P.A. to Judge

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